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Home My WebLink About07-0711PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148355 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148355 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 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, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148355 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148355 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148355 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/15/2002 mortgagor(s) 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 Book: 1791, Page: 136. Said mortgage was modified as set forth in the modification agreement dated 10/15/2002, in Mortgage Book No. 693, Page 1294. By Assignment of Mortgage recorded 04/14/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 707, Page 2114. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 148355 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $121,209.73 Interest $18,029.52 06/01/2005 through 02/02/2007 (Per Diem $29.46) Attorney's Fees $1,250.00 Cumulative Late Charges $620.42 10/31/2002 to 02/02/2007 Cost of Suit and Title Search 550.00 Subtotal $141,659.67 Escrow Credit $0.00 Deficit $4,770.72 Subtotal $4,770.72 TOTAL $146,430.39 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 148355 8. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 148355 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $146,430.39, together with interest from 02/02/2007 at the rate of $29.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PH HALLINAN & S HMI G, LLP c=?=?c By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148355 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE BOROUGH OF SHIREMANSTOWN, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED, LIMITED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTH BY MAIN STREET, HAVING A FRONTAGE OF FORTY FEET; ON THE EAST BY LAND NOW OR FORMERLY OF GARY-ALAN DEVELOPMENT CORP., ONE HUNDRED EIGHTY-THREE (183) FEET, MORE OR LESS TO COURTLAND ALLEY; ON THE WEST BY LAND NOW OR FORMERLY OF LESTER J. MAYBERRY, ONE HUNDRED EIGHTY-THREE (183) FEET, MORE OR LESS, TO MAIN STREET, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE BEING KNOWN AND NUMBERED AS 16 WEST MAIN STREET, SHIREMANSTOWN, PENNSYLVANIA. PROPERTY BEING: 16 WEST MAIN STREET File #: 148355 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 'k ka-- '-, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Q, d' C?) U't (ri 1 (Aj 4 ? r? t.?. k 0} cz .) z i J ?• 0 to Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 15 2002, Without Recourse VS. James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-711 -Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, James R. Moul, by first class mail and certified mail to the last known address, 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and the mortgaged premises, 16 West Main Street, Camp Hill, PA 17011, and in support thereof avers the following: 1. Attempts to serve Defendant, James R. Moul, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 16 West Main Street, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant does not reside at the given address. 2. The Sheriff of Cumberland County also attempted to serve the Defendant, James R. Moul, at 1425 Apple Drive, Apt. 142, Camp Hill, PA 17011, an address provided by Plaintiffs Investigation Company. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", the Defendant does not reside at this address. 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of March 9, 2007 to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan H ieg, L.L.P. Dane . Schmieg, Esquire Date: March 9, 2007 Attorney for Plaintiff Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse VS. James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-711 -Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's return of 'Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). 'Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibits "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & SchmieE L.L.P. By: Dame ire Attorney for Plaintiff Date: March 9, 2007 A P.xhi b? + SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOUL JAMES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , MOUL JAMES R 1 16 WEST MAIN STREET NOT FOUND , as to CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Sworn and Subscribed to before me this day of A.D. So answer 18.00 11.44 5.00 R. Thomas ine 10.00 Sheriff of Cumberland County 44.44 PHELAN HALLINAN SCHMIEG 02/20/2007 E,jch ibi+ 8 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOUL JAMES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 1425 APPLE DRIVE APT 142 r r MOUL JAMES R NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answer 6.00 8.80 _ 5.00 R. Thomas--Kline 10.00 Sheriff of Cumberland County .00 29.80 PHELAN HALLINAN SCHMIEG 02/20/2007 Sworn and Subscribed to before me this day of A.D. I Exh?b i+ C FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 148355 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: James R. Moul & Mayre Erin Moul Property Address: 16 West Main Street, Camp Hill, PA 17011 Possible Mailing Address: (James R. Moul) 1425 Apple Drive, Apartment 142, Mechanicsburg, PA 17055 (Mayre Erin Moul) 209 South Market Street, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James R. Moul - xxx-xx-5793 Mayre Erin Moul - xxx-xx-1672 B. EMPLOYMENT SEARCH James R. Moul & Mayre Erin Moul - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that James R. Moul & Mayre Erin Moul reside(s) at: 16 West Main Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for James R. Moul & Mayre Erin Moul. B. On 01-25-07 our office made a telephone call to the phone number (717) 790-0270 and received the following information: spoke with an unidentified male who could not confirm the whereabouts of the subjects. On 01- 25-07 our office made several telephone calls to the phone number (717) 821-4930 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 01-25-07 our office made several phone calls in an attempt to contact J. P. Rountree (717) 737-0074,11 West Main Street, Camp Hill, PA 17011: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact John S. Sellers (717) 763-1919,15 West Main Street, Camp Hill, PA 17011: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact Margaret B. Wrigley (717) 737-2502, 20 West Main Street, Camp Hill, PA 17011: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact D. Depalma (717) 795-1153,1425 Apple Drive, Apartment 136, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact D. Estright (717) 697-6227,1425 Apple Drive, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact K. Frank (717) 697-2160,1425 Apple Drive, Mechanicsburg, PA 17055: no answer. On 01-25-07 our office made several phone calls in an attempt to contact Jennifer Hobart (717) 791-0308, 205 South Market Street, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact A. Gates (717) 691-6766, 205 South Market Street, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact Dale Wickard (717) 766-1566, 209 South Market Street, Mechanicsburg, PA 17055: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-25-07 we reviewed the National Address database and found the following information: James R. Moul -1425 Apple Drive, Apartment 142, Mechanicsburg, PA 17055 & Mayre Erin Moul - 209 South Market Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (James R. Moul) 1425 Apple Drive, Apartment 142, Mechanicsburg, PA 17055 & (Mayre Erin Moul) 209 South Market Street, Mechanicsburg, PA 17055. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on James R. Moul & Mayre Erin Moul. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-25-07 Vital Records and all public databases have no death record on file for James R. Moul & Mayre Erin Moul. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for James R. Moul & Mayre Erin Moul residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH James R. Moul - 01-29-1967 Mayre Erin Moul - 02-10-1967 B. A.K.A. Mayre Erin Coyne * Our accessible databases have been checked and cross-referenced for the above named individual (s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AFFIANT - Brendan Booth ". ,,. Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of January, 2007.' The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. squire Attorney for Plaintiff Date: March 9, 2007 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse Vs. James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-711 -Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. James R. Moul and Mayre Erin Moul alkla Mayre Erin Coyne at: 16 West Main Street Camp Hill, PA 17011 James R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. e Attorney for Plaintiff Date: March 9, 2007 '? 77 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff VS. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 07-711- CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 9, 2007 P AN HALLINAN & SC G By: FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 148355 T'^? ?.ei :? m ? c ?- ? ??. ?:. ' -? q ~? C"7 .:? - ?- ri - :r ': _ r? ?? % r? Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco t@fedphe.com Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse VS. James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-711-Civil Term PLAINTIFF'S AMENDMENT TO ITS MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT FILED ON OR ABOUT MARCH 13, 2007 Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, James R. Moul, by first class mail and certified mail to the last known address, 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and the mortgaged premises, 16 West Main Street, Camp Hill, PA 17011, posting of the mortgaged premises, 16 West Main Street, Camp Hill, PA 17011, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, James R. Moul, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 16 West Main Street, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant does not reside at the given address. 2. The Sheriff of Cumberland County also attempted to serve the Defendant, James R. Moul, at 1425 Apple Drive, Apt. 142, Camp Hill, PA 17011, an address provided by Plaintiff's Investigation Company. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "B", the Defendant does not reside at this address. 3. Plaintiff contacted the Prothontary's Office and as of April 17, 2007, there has been no other ruling on this case. Said Motion filed on or about March 13, 2007 is sitting with the Office of the Court Administrator awaiting this amendment. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 9, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s April 9, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "D". 5 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of April 17, 2007 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, James R. Moul but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP ......._ B Daniel G. Schmieg, Esquire Attorneys for Plaintiff April 17, 2007 6 Exh bi+ A CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOUL JAMES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE r the within named DEFENDANT 16 WEST MAIN STREET CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge .-TT TT AXT r, T) NOT FOUND , as to So answer 18.40 11.44 f r' 5.40 R. Thomas line 10.00 Sheriff of Cumberland County .00 44.44 PHELAN HALLINAN SCHMIEG 02/20/2007 Sworn and Subscribed to before me this day of A. D. EOitoii B CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOUL JAMES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT r MOUL JAMES R 1425 APPLE DRIVE APT 142 , NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answer 6.00 8.80 5.00 R. Thomas--Kline 10.00 Sheriff of Cumberland County .00 29.80 PHELAN HALLINAN SCHMIEG 02/20/2007 Sworn and Subscribed to before me this day of A. D. Exv, i bi +- C r. PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, Ext. 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 9, 2007 James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne 16 West Main Street Camp Hill, PA 17011 RE: Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse vs. James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne Cumberland County, No. 07-711-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 16, 2007 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 13 v^` 4 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, Ext. 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 9, 2007 James R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 RE: Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse vs. James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne Cumberland County, No. 07-711-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 16, 2007 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 13 _?d:' tlsa d ! C331i'71 ?i o0630 S _ G ? W b ? O b C Q 04 U ?, ? o•?aQ ?. ?'.. ma's ? . ?U m r o rx ?? C r? O h r v rl V_ N .UD ? it ?O y a ?t d y C m y O 2 Q O q! I Q a ?p 0 a ? ¢a N C * I* N 1, I., 1- k Ir I- I- I° I ? C N O. O C on °c"'4 ? o w ;? oHQ .? t? p 04 V 4 ? o r °on -o c ? ? •c O `? v id U. c?C„ U N ? vUa? t 3 0 o a a aci o tU ? v. tU 6.)'W o y w ca y m cd a•?'-'? morn ? ° b ? v ° ? N cca a? ?L09? VI H ?vE- aCL cq c V h w ? O '?t zy W v U 07 N T p0. W pMp N U ? U a0 8 w 0 0 v 2 > O .a p ? N E N H ; U O .? H GL. Ln ,---i , . -k- D FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 148355 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: James R. Moul & Mayre Erin Moul Property Address: 16 West Main Street, Camp Hill, PA 17011 Possible Mailing Address: (James R. Moul) 1425 Apple Drive, Apartment 142, Mechanicsburg, PA 17055 (Mayre Erin Moul) 209 South Market Street, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James R. Moul - xxx-xx-5793 Mayre Erin Moul - xxx-xx-1672 B. EMPLOYMENT SEARCH James R. Moul & Mayre Erin Moul - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that James R. Moul & Mayre Erin Moul reside(s) at: 16 West Main Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for James R. Moul & Mayre Erin Moul. B. On 01-25-07 our office made a telephone call to the phone number (717) 790-0270 and received the following information: spoke with an unidentified male who could not confirm the whereabouts of the subjects. On 01- 25-07 our office made several telephone calls to the phone number (717) 8214930 and received the following information: answering machine. 111. INQUIRY OF NEIGHBORS On 01-25-07 our office made several phone calls in an attempt to contact J. P. Rountree (717) 737-0074, 11 West Main Street, Camp Hill, PA 17011: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact John S. Sellers (717) 763-1919, 15 West Main Street, Camp Hill, PA 17011: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact Margaret B. Wrigley (717) 737-2502, 20 West Main Street, Camp Hill, PA 17011: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact D. Depalma (717) 795-1153,1425 Apple Drive, Apartment 136, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact D. Estright (717) 697-6227, 1425 Apple Drive, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact K. Frank (717) 697-2160,1425 Apple Drive, Mechanicsburg, PA 17055: no answer. On 01-25-07 our office made several phone calls in an attempt to contact Jennifer Hobart (717) 791-0308, 205 South Market Street, Mechanicsburg, PA 17055: answering machine- On 01-25-07 our office made several phone calls in an attempt to contact A. Gates (717) 691-6766, 205 South Market Street, Mechanicsburg, PA 17055: answering machine. On 01-25-07 our office made several phone calls in an attempt to contact Dale Wickard (717) 766-1566, 209 South Market Street, Mechanicsburg, PA 17055: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-25-07 we reviewed the National Address database and found the following information: James R. Moul -1425 Apple Drive, Apartment 142, Mechanicsburg, PA 17055 & Mayre Erin Moul - 209 South Market Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (James R. Moul) 1425 Apple Drive, Apartment 142, Mechanicsburg, PA 17055 & (Mayre Erin Mout) 209 South Market Street, Mechanicsburg, PA 17055. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on James R. Moul & Mayre Erin Moul. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-25-07 Vital Records and all public databases have no death record on file for James R. Moul & Mayre Erin Moul. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for James R. Moul & Mayre Erin Moul residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH James R. Moul - 01-29-1967 Mayre Erin Moul - 02-10-1967 B. A.K.A. Mayre Erin Coyne * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. 1. certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT - Brendan Booth i. _ Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of January, 2007.` The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse Vs. James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-711-Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Amendment and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne at: 16 West Main Street Camp Hill, PA 17011 James R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Dafiiel'G. ??eg, Esquire Attorney for Plaintiff Date: April 17, 2007 MAR 18 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse CIVIL DIVISION VS. NO. 07-711 -Civil Term James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne ORDER AND NOW, this 2 ?" day of 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, James R. Moul, by: 1. First class mail to James R. Moul at the last known address, 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and the mortgaged premises located at 16 West Main Street, Camp Hill, PA 17011; and 2. Certified mail to James R. Moul at the last known address, 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and the mortgaged premises located at 16 West Main Street, Camp Hill, PA 17011. VINVAIASNN?d 9z :8 V U 8dv LOOZ AdVIONO"HifOldd :.X' JO 301J ?(- 03'1U PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST : COURT OF COMMON PLEAS COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES CIVIL DIVISION 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff VS. JAMES R. MOUL No. 07-711- CIVIL TERM MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. nAN HALLINAN & C IEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: May 1, 2007 /jmr, Svc Dept. File# 148355 Jam/ ?\ PIZ, N LAJ TTa ?'y N ca co CD cil Q J "71 t PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass- Through Certificates Under the Pooling and Servicing Agreement dated as of December 1, 2002 Without Recourse Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne : NO. 07-711 -Civil Term Defendants AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to James R. Moul at 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and 16 West Main Street, Camp Hill, PA 17011 on May 9, 2007, in accordance with the Order of Court dated April 23, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: May 9, 2007 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff C> 0 -Ti 7160 3901 9849 9376 9360 TO: James R. Moul 16 West Main Street Camp Hill, PA 17011 i i } SENDER: jmr REFERENCE: i 1 7160 3901 9849 9376 9377 TO: James R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 SENDER: jmr REFERENCE: RETURN P RETURN Postage .39 1 RECEIPT RECEIPT SERVICE CerW Fee ! SERVICE Certified Fee 2.40 -2Afl Return ReoW Fee Retum Reoe4X Fee i.95 - 4. Q- 5 Restricted Delivery A 00 Restricted Davey Ann Total Postage & Few S? Total Postage & Fees i A 64 us Postal SeMoe PO '? ; us Postal Service Receipt for , 6? Receipt for 40, Certified Mail Certified Mail No lrmx nos Coverage Provided aarr-,, ?? ? No Insurance Coimege Provided ??7d w w Use for Inwradonal M" ?Od61 0o w use for krternatioael Ma -- - ------ - -- ---------------- - ----------- ------ ----------- ---------- ------- ---- ----------------- SHERIFF'S RETURN - REGULAR CASE NO: 2007-00711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOUL MAYRE ERIN AKA MAYRE ERIN COYNE the DEFENDANT at 1935:00 HOURS, on the 9th day of February , 2007 at 16 WEST MAIN STREET SHIREMANSTOWN, PA 17011 by handing to MAYRE ERIN MOUL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 316 Iles 16.00 Sworn and Subscibe/d to before me this day of , So Answers: y^? k R. Thomas Kline 02/20/2007 PHELAN HALLINAN SCHMIEG By. Deputy Sh ff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOUL JAMES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , MOUL JAMES R NOT FOUND , as to 16 WEST MAIN STREET CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 11.44 Not Found 5.00 Surcharge 10.00 .00 ?6 7 < ? 44.44 So answer R. Thomas ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/20/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOUL JAMES R but was unable to locate Him in his bailiwick. t" r',T TT)T T TTTT _ mnnrT Lnuv He therefore returns the the within named DEFENDANT , MOUL JAMES R 1425 APPLE DRIVE APT 142 MECHANICSBURG, PA 17055 NOT FOUND , as to DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service 8.80 Not Found 5.00 Surcharge 10.00 .00 .8 0 29.80- So answer So R. Thomas--Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/20/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named MOUL MAYRE ERIN AKA MAYRE ER unable to locate Her in his COMPLAINT - MORT FORE , ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT IN COYNE but was bailiwick. He therefore returns the the within named DEFENDANT COYNE 209 SOUTH MARKET STREET NOT FOUND , as to MOUL MAYRE ERIN AKA MAYRE ERIN MECHANCISBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers :? -- Docketing 6.00 Service 10.56 Not Found 5.00 R. ThomasKline Surcharge 10.00 Sheriff of Cumberland County .00 4,v-7-- 307/0 `1 (?,,,,,. 31.56 Sworn and Subscribed to before me this day of PHELAN HALLINAN SCHMIEG 02/20/2007 A. D. -a Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST CUMBERLAND COUNTY MORTGAGE SECURITIES, INC. SERIES COURT OF COMMON PLEAS 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & CIVIL DIVISION SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE NO. 07-711-Civil Term Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JAMES R. MOUL on JUNE 21, 2007 at 16 WEST MAIN STREET, CAMP HILL, PA 17011 & 1425 APPLE DRIVE, APT. 142, MECHANICSBURG, PA 17055 in accordance with the Order of Court dated APRIL 23, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN LINAN & SCHMIEG, LLP By: DANIEL G. SCHMIE SQUIRE Dated: July 5, 2007 r 7160 3401 4845 0727 8036 7168 9901 4845 0?27 8843 TO. TO: JAMES R MOUL JAMES R MOUL ' 16 WEST MAIN STREET ? 1425 APk'E DRIVE CAMP HILL, PA 17011 APT. 142 ` MECHANICSBURG, PA 17055 TEAM41AXA TEAM4/AXA SENDER: SENDER: 3 4 6 2 6 00383 0038346623 ERENCE REFERENCEfAIGE REF : PAIGE p .41 PS Form 3901) January 2005 PS Form 390 0 January 2005 u Posta . RETURN ge RETURN Postage 245 ECEIPT F 2.65 RECEIPT SERVICE ee Certified 215 Cerow Fee t Fee Return Recei SERVICE p Retum Receipt Fee }` 1 Restricted Delivery P Restricted Delivery e 3 Fees ° Total P t 3 Fees T t l P PFJ?f/? I os ag w oe" o a x - US Postal Service PAg' RK OR DA ?p US Posted Service SW?, L FF Receipt for ?2? Receipt for ?. 02 Certified Mail Certified Mail o2 JsPs No Insurance Coverage Provided No Insurance Coverage Provided 11CnS.. Do Not Use for International Mail Do Not Use for International Mail •-,,...,,..,,.nom-?,.Y.-....,.?-,.??.._,-_ --- . +waa 1 3 zao P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse CIVIL DIVISION vs. NO. 07-711 -Civil Term James R. Moul Mayre Erin Moul a/k/a Mayre Erin Coyne ?y OR ER AND NOW, this. _ A3 day of 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, James R. Moul, by: 1. First class mail to James R. Moul at the last known address, 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and the mortgaged premises located at 16 West Main Street, Camp Hill, PA 17011; and 2. Certified mail to James R. Moul at the last known address, 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055 and the mortgaged premises located at 16 West Main 'Street, Camp Hill, PA 17011. B TH COURT: J. TRUE CT'' FP^k4 RECORD In Te im ?t my hand and sc r Th .....0?.3.? ( Y e 1 C'? rv ??r ` ?= ' G7Z ' V ? \ f ? 1 -14 ) PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES R. MOUL and MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $146,430.39 Interest from 03/03/07 to 06/20/07 $4,065.48 TOTAL $150,495.87 I hereby certify that (1) the addresses of the 6AN41EL ntiff acrd Defe d t(s) are as shown above, and (2) that notice has been given in accordance with R , c py c G. S HMIEG, ES 1 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:, &-or-Lo2S'l zoo? dA?7 PROP OT 148355 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., SERIES 2002-D, ASSET BACKED : CIVIL DIVISION PASS-THROUGH CERTIFICATES UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF DECEMBER 1, 2002, WITHOUT RECOURSE Plaintiff :NO. 07-711-CIVIL TERM Vs. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants r TO: JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 DATE OF NOTICE: MAY 30, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., SERIES 2002-D, ASSET BACKED : CIVIL DIVISION PASS-THROUGH CERTIFICATES UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF DECEMBER 1, 2002, WITHOUT RECOURSE Plaintiff :NO. 07-711-CIVIL TERM Vs. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants TO: MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET Rt :: CAMP HILL, PA 17011 DATE OF NOTICE: MAY 30 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff w PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., SERIES 2002-D, ASSET BACKED : CIVIL DIVISION PASS-THROUGH CERTIFICATES UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF DECEMBER 1, 2002, WITHOUT RECOURSE Plaintiff : NO. 07-711-CIVIL TERM Vs. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants TO: JAMES R. MOUL F11}{ r oe ivs i x C r1425 APPLE DRIVE, APT. 142 MECHANINCSBURG, PA 17055 DATE OF NOTICE: MAY 30.2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM Defendant(s). Attorney for Plaintiff Y ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 A L G. c SCHMIEG, E IRE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 1 25 200 7. By: If you have any questions concerning this matter, please contact: PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES R. MOUL is over 18 years of age and resides at, 16 WEST MAIN STREET, CAMP HILL, PA 17011. (c) that defendant MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE is over 18 years of age, and resides at, 16 WEST MAIN STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 &ANIELCGA`CHMIEG,Ej IlZE ? Attorney for Plaintiff C a `- C-- lip Ln :?4C ? p "C MA "t1 b i s >: =: '_ 4A ?a? cn rn b r.. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 I DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). No. 07-711- CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/20/07 to DECEMBER 05, 2007 (per diem -$24.74) Add' I Costs TOTAL $150,495.87 $4,15632 and Costs $2,149.08 $1,54,801.27 V DANIEL G. SCHMIEG, ES One Penn Center at Suburb S tion 1617 John F. Kennedy Boule d, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148355 0 d v? a W Z C? ? Hpp? an ,aWWWEW-VAp ?? ?z zN?wUao`? o? ?a ? a?dH?n dH y?`? o? dH?pa?wo'?? Q? ?,dt '?r'c9Op ?O v ?p p? rHisW? ado '? v?, ?ory? ?w,? w p ? p., d d 7 Ul) N o ? 0 H W ? O H o ?w ce, w° as V a 8t `r n°. °0 <'tS ('--, ) , 1 1 40 43 q0 000 -S 0 p Q ro '.4 r+ oa r r., d wa as d V NF a' 00 H J O ? y ?^ a i6 Ski) r ?o a r ci r" a f DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. BEING the same premises which JAMES W. SAUVE, JR. and JUDITH A. SAUVE, his wife, STEPHEN C. SAUVE and Helen M. Sauve, his wife, and DAVID L. SAUVE and SHARON K. SAUVE, his wife, by deed dated June 25, 1996 and recorded on June 26, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 141, page 690, granted and conveyed unto BRIAN C. SWEENEY and LAURA M. SWEENEY, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 37-23-0555-032 Control #: 37000034 Premises: 16 West Main Street, Camp Hill, PA 17011 Shiremanstown Borough Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/2001, in Deed Book 243, page 14. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC, SERIES 2202-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 12/01/02 WITHOUT RECOURSE Plaintiff (s) From JAMES R. MOUL, MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $150,495.87 L.L. $.50 Interest from 6/20/07 to 12/05/07 (per diem - $24.74) - $4,156.32 and Costs Atty's Comm % Atty Paid $227.80 Plaintiff Paid Date: 06-25-07 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs $2,149.08 Curtis K. roth ary By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4 ' ANIEL G. S IEG, ESQU Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,16 WEST MAIN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 16 WEST MAIN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAN GENERAL FINANCIAL SERVICES DEPT. 280946 HARRISBURG, PA 17128-0946 505 SOUHT MAIN STREET SUITE 100 ORANGE, CA 92868 6 S. HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: • Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 16 WEST MAIN STREET CAMP HILL, PA 17011 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. Sec. 4904 relating to unsworn falsification to authorities. i June 20, 2007 DATE ANIEL G. CHMIEG, ES U Attorney for Plaintiff a -' F N -[} T1 C-A (-) cn 1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). TO: JAMES R. MOUL June 20, 2007 16 WEST MAIN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 07-711- CIVIL TERM MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 16 WEST MAIN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 05, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $150,495.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS- THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. BEING the same premises which JAMES W. SAUVE, JR. and JUDITH A. SAUVE, his wife, STEPHEN C. SAUVE and Helen M. Sauve, his wife, and DAVID L. SAUVE and SHARON K. SAUVE, his wife, by deed dated June 25, 1996 and recorded on June 26, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 141, page 690, granted and conveyed unto BRIAN C. SWEENEY and LAURA M. SWEENEY, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 37-23-0555-032 Control #: 37000034 Premises: 16 West Main Street, Camp Hill, PA 17011 Shiremanstown Borough Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/2001, in Deed Book 243, page 14. GJ ..T.) 1-? = / ?J c AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE DEFENDANT(S) JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE SERVE MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE AT 16 WEST MAIN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 07-711- CIVIL TERM ACCT. #148355 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 05, 2007 SERVED Served and made known to /f1eLA??. /:. ^07j/ , Defendant, on the day of , 2007, at , o'clock A.m., at , Commonwealth of Pennsylvania, in the manner described below: -Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/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: Descriptippn: A e y(U Height ? Weight / 7J' Raceme Sex _? Other I, 7? , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the m er as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc ' d befo thiw? fl? day of ,209" N By.. EM AT LEAST 3 T ES. INDICATE DATES & TIMES OF SERVICE V ATTEMPTED. 17 ` NOT SERVED On ` 4 ?4 , 200_, at o'clock _.m., Defendant NOT FOUND because: ?. RI CommissiM res June 16U?Ag n No Answer Vacant Vt Attempt: Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 17-5? Tj ?e r "< PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff VS. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants Court of Common Pleas Civil Division : Cumberland County : No. 07-711-Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 6, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A» 2. Judgment was entered on June 25, 2007 in the amount of $150,495.87. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $121,209.73 Interest Through 12/05/07 26,320.47 Per Diem $28.42 Late Charges 1,559.17 Legal fees 1,925.00 Cost of Suit and Title 1,236.58 Sheriffs Sale Costs 0.00 Property Inspections 228.50 Appraisal/Brokers Price Opinioin 285.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 9,153.28 TOTAL $1617917.73 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 24, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered an order for special services dated May 9, 2007 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan & Schm' , LLP By ichele M. Bra for , s re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff vs. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants Court of Common Pleas Civil Division Cumberland County No. 07-711-Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 16 West Main Street, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fewer, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: T l 1 i h i ,LLP Y: Michele M. Bradfor ire t Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149355 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff V. JAMES R. MOUL MAYBE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 Defendants ?, • CZ) f, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Olt -- "1f ?lclt CUMBERLAND COUNTY 044 zpC, a CIVIL ACTION - LAW C Ahurz, GAGE FORECLOSURE W11 heire-,)y i.'Arbjr, 10 cerbfY the OpY cl t t ''k ' :i as ?'){ r?•,.r? File #: 148355 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 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, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148355 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION. PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 08355 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Filc 8: 148355 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/15/2002 mortgagor(s) 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 Book: 1791, Page: 136. Said mortgage was modified as set forth in the modification agreement dated 10/15/2002, in Mortgage Book No. 693, Page 1294. By Assignment of Mortgage recorded 04/14/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 707, Page 2114. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R:C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 149355 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $121,209.73 Interest $18,029.52 06/01/2005 through 02/02/2007 (Per Diem $29.46) Attorney's Fees $1,250.00 Cumulative Late Charges $620.42 10/31/2002 to 02/02/2007 Cost of Suit and Title Search 550.00 Subtotal $141,659.67 Escrow Credit $0.00 Deficit $4,770.72 Subtotal $4,770.72 TOTAL $146,430.39 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 149355 8. Plaintiff is not seeking a judgment of personal liability (or an in rsonal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 148355 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $146,430.39, together with interest from 02/02/2007 at the rate of $29.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ALLINAN & S HMI G, LLP P ;slFr By: a ncis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148355 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE BOROUGH OF SHIREMANSTOWN, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED, LIMITED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTH BY MAIN STREET, HAVING A FRONTAGE OF FORTY FEET; ON THE EAST BY LAND NOW OR FORMERLY OF GARY-ALAN DEVELOPMENT CORP., ONE HUNDRED EIGHTY-THREE (183) FEET, MORE OR LESS TO COURTLAND ALLEY; ON THE WEST BY LAND NOW OR FORMERLY OF LESTER J. MAYBERRY, ONE HUNDRED EIGHTY-THREE (183) FEET, MORE OR LESS, TO MAIN STREET, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE BEING KNOWN AND NUMBERED AS 16 WEST MAIN STREET, SHIREMANSTOWN, PENNSYLVANIA. PROPERTY BEING: 16 WEST MAIN STREET File I1: 148355 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. 4) ?J? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: - d' C?) PHELAN HALLINAN & SCHMIEG, L.L.P. By. DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS411ROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 - Plaintiff, V. JAMES R. MOUL . MAYRE ERIN MOUL AIK/A MAYRE ERIN COYNE ATTORNEY FILE COPY ? 'LEASE REWRN . ?? CUMBERLAND COUNTY COURT OF COMMON PLEAS % CIVIL DIVISION NO. 07-711- CIVIL TER ' C?1 D r ,0 ? tJ OQ • -? ? ATTORNEY EILt C PLEASE REARM J. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: . Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES R. MOUL and MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 03/03/07 to 06/20/07 TOTAL $146,430.39 A p?RNcy,n E $4,065.48 LEASE R ?NPy r $150,495.87 I hereby certify that (I) the addresses of the P ` 'ntiff and Defe d t(s) are as shown above, and (2) that notice has been given in accordance with R 37 1, py ac ANIEL G. S HMIEG, ESOJIkE Attorney for Plaintiff ATTORNEY FitE COPY PLEASE RETURN DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 148355 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2007 James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 RE: Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse vs. James R. Moul and Mayre Erin Moul A/K/A Mayre Erin Coyne Premises Address: 16 West Main Street, Camp Hill, PA 17011 Cumberland County CCP, No. 07-711-Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, September 28, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V ry rul o rs is ele M. Bradfor ,Esquire For Phelan Hallinan & Schmieg, LLP Enclosure W £0 46 L 3aOOdiZ WOW 0311VVI LOOZ tz d3S OLOS M7000 010"W $ wt z0 53M09 A3mmd im?N? eo -AWL p NsOd a let Q ? rn i E ? O Q "' U 3 Pa ? a? W c? C7 A +? W ? ??., ? iI'1 - a d d -4 Q? ? < ) ?°'? 0 04UG4 ? N ? 'Z ti C/? r? N tt) U1 Z OMO ?t 4 d SR 4- a ^ N M Z, d O Tp ? v C O C . v d G N VI O N ^. .: u G Z W O C ? V O O .O+0.. W .G w ? a. y o z R .v Yw x ?b mopp O 7 ? p ? ri ti c ? N U Vi ? C ? C ? O 7 N O T C d .T+ v ? ,bOQs ? 7 0 S G w Vl . o y . n N O C ? ? t/1 E'x e U N S M .gyp C O a1 Q, p Zn ?a 0 w d R o o aw V O P. 00 ?a E A ? i u U o d F 'o o ?p a z e^Ya V M O N ^' F a ? r °O oll VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: 10 (11 6T- Phelan Hallinan & Schmieg, LLP By: ichele M. Bradford, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff vs. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 07-711-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne 16 West Main Street Camp Hill, PA 17011 James R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 DATE: ??T) u I-1 Mayre Erin Moul A/K/A Mayre Erin Coyne 209 South Market Street Mechanicsburg, PA 17055 a H n & Sch i g, LLP Michele M. Bradford, Es re Attorney for Plaintiff OCT o 4200?4V ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff vs. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants RULE : Court of Common Pleas : Civil Division Cumberland County No. 07-711-Civil Term AND NOW, this y day of Cc" 4.w- 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. , Z v 141t, Jr 4) C sll- W._ Rule Returnable ('?urtrnr?in of the C'ttmberl nd Coltnt;? (?rnrrthngg?}?, r ciui?yivair?a. BY THE COURT '.4 V Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com "James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne 16 West Main Street Camp Hill, PA 17011 J. ,'lames R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 Mayre Erin Moul A/K/A Mayre Erin Coyne 209 South Market Street Mechanicsburg, PA 17055 148355 ]P1 ECG PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff VS. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of October 30, 2007 was sent to the following individual on the date indicated CERTIFICATION OF SERVICE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-711-Civil Term below. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne 16 West Main Street Camp Hill, PA 17011 James R. Moul 1425 Apple Drive, Apt. 142 Mechanicsburg, PA 17055 Mayre Erin Moul A/K/A Mayre Erin Coyne 209 South Market Street Mechanicsburg, PA 17055 DATE: D Phelan Hallinan & c ieg, LLP By: ch le M. Bradfor quire Attorney for Plaintiff -Ft,, cs Q C U". L r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2602 WITHOUT RECOURSE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,16 WEST MAIN STREET, CAMP HILL, PA 17011 . AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Lower Allen Township Authority 1 Lower Allen Township Authority c/o Steven P. Miner, Esquire CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 120 Limekiln Road New Cumberland, PA 17070 P.O. Box 5300 Harrisburg, PA 17110-0300 2. 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: Name Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Last Known Address (if address cannot be reasonably ascertained, please indicate) ATTN: John Murphy 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 . r„ Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. l? 6 October 24, 2007 -M 'M DATE DANIEL G. SC IEG, ESQU Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 16 WEST MAIN STREET_ CAMP 11111, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P ? DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: October ?4, 7007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahcence of a reprecentative of the plaintiff at the Sheriffs Sale- The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148355 Gar? o ? ?a 42 o? ? a U tr. •?' a ?a n ? zoo j I e c d a. a ?o N 10, RI, 10 z° o c? o p 0 0 C O `S - 't 3000drz W0?130311vn tz Nnr o 09 tzlpooo -zQ wt zo 'Shc? IU< 113?UM /?? Now SOO U s U9 O y d N a ? wl U ? H 8- N ? U O ? U O ? d F a0 Q a F C6 0 a U d ao a od ti itg ill! i z 'Sig w 1 a U x? ?a S "' N l r1 tl 1/ 1 ?O n 00 p? O .-r ?y ?,? r f a 5 O r i? ° a „Q Uw•`? a °a L c w as ° 8 P zd0 0 t 6 [ 3000 dt2 Lon W02?d w SZ 1.00 0371{7W 0??¦tO 0t08t b000 g W z 0 ° ?A3 g . ? O a 1 °o F? H Q 0 ? q H u o x ? ? ? ? s ? s QyH„• N > w 15 0' Cq a ° ? g$ ? ? a ti H .?? ? ? ? U t ? yw U •? ? Q w ? m ? w ? .. o •° ° gip" ?? ? 5 E t x o M w H +?'' LZr b in O O O ? A 44 3 96 Lh .-- 0 , coj 0000^ 00 " v a??i 3 Gn ? » 0 0 a °o z W z" a a w U,-9%0 S aO A Gs . m E z m ? y s x r- 00 H F ? r-? ? ?rt c:.?:. , ---? .-t #? t', ?? ? y .:-ti yJ ?. ... ?' , ?. ter'"} Y? ;,. y? ? .?? ? ?N { A ? Y ?`? ? ., .? V t PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Court of Common Pleas Civil Division Cumberland County Plaintiff vs. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants : No. 07-711-Civil Term MOTION TO MAKE RULE ABSOLUTE Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 3, 2007. 3. A Rule was entered by the Court on or about October 4, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 10, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 30, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP of Date is ele MBradorg,,tsquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff VS. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-711-Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 3, 2007. A Rule was entered by the Court on or about October 4, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 10, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 30, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. & SCHMIEG, LLP Date is ele rad or squire Attorney for the Plaintiff OCT 0 420D7,4V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff vs. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants RULE : Court of Common Pleas : Civil Division : Cumberland County : No. 07-711-Civil Term AND NOW, this y ` day of ULra &,.- 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable Co irtr m of the C'nmb rl nd 0^-+- r crur?yrvcuua. BY3HE COURT .14 Michele M. Bradford, Esquire James R. Moul James R. Moul Phelan Hallinan & Schmieg, LLP Mayre Erin Moul 1425 Apple Drive, Apt. 142 1617 JFK Boulevard, Suite 1400 A/K/A Mayre Erin Coyne Mechanicsburg, PA 17055 Philadelphia, PA 19103 16 West Main Street TEL: (215) 563-7000 Camp Hill, PA 17011 Mayre Erin Moul FAX: (215) 563-3459 A/K/A Mayre Erin Coyne michele.bradfordC@fedphe.com 209 South Market Street TRUE COPY FROM RECORWcsburg, PA 17055 ToWm ay whereof, t t ere unto set my hand aftd Vie of said Court at Carkle, ft daV Rik prothonnia J. 148355 Exhibit "B" 0 ?T C-1) x . .? cn -< PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard' Philadelphia, PA 19103-1814 215 563-7000{' ` Deutsche Bank National Trust Compan , ` tee of Court of Common Pleas Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Civil Division Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Cumberland County Plaintiff y No. 07-711-Civil Term vs. James R. Mould Mayre Erin Moul A/K/A Mayre Erin Coy_rjR y Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of October 30, 2007 was sent to the following individual on the date indicated below. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne 16 West Main Street Camp Hill, PA 17011 James R. Moul 1425 Apple Drive, Apt. 142'- Mechanicsburg, PA 17055 aX DATE: Mayre Erin Moul A/K/A Mayre Erin Coyne 209 South Market Street Mechanicsburg, PA 17055 NEcMle M. BradforU Attorney for Plaintiff LLP VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. -,?G _ Date §4904 relating iic unsworn falsific 'on of authorities. le M. B radford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Plaintiff VS. James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-711-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. James R. Moul James R. Moul Mayre Erin Moul Mayre Erin Moul 1425 Apple Drive, Apt. 142 A/K/A Mayre Erin Coyne A/K/A Mayre Erin Coyne Mechanicsburg, PA 17055 209 South Market Street 16 West Main Street Mechanicsburg, PA 17055 Camp Hill, PA 17011 Phe 1 ' 5ieg, LLP DATE: By ichele M. , Esquire Attorney for Plain iff ?"' Cy tv ?' _, ? :: «? . , s _.?... ? -• {'.. --:-, ? ? ?-; c?? . - - = h . C.? : r? NOV 0 82D07ri IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Court of Common Pleas Ameriquest Mortgage Securities, Inc. Series 2002-D, Asset Backed Pass-Through Certificates Under the Civil Division Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse Cumberland County vs Plaintiff No. 07-711-Civil Term . James R. Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants ORDER AND NOW, this day of Y , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $121 209 73 Interest Through 12/05/07 , . Per Diem $28.42 26,320.47 Late Charges Legal fees 1,559.17 Cost of Suit and Title 1,925.00 Sheriffs Sale Costs 1,236.58 Property Inspections 0.00 Appraisal/Brokers Price Opinion 228.50 Mortgage Ins. Premium/Private Mortgage Ins. 285.00 0 00 NSF (Non-Sufficient Funds charge) . 0.00 LA?E; 1?70 J P, L41 S3.1 SC :01 WV &- AON LODZ MViONO'HiOdd 3HI 4 Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 9,153.28 $161,917.73 Plus interest from 12/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE CO T: <?, J. 148355 i Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee of Ameriquest Mortgage Securities Cumberland County, Pennsylvania Inc. Series 2002-D Asset Backed Pass-Through Writ No. 2007-711 Civil Term Certificates Under the Pooling & Servicing Agreement Dated as of December 1, 2002 without recourse VS James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he 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: James R. Moul, by certified mail to his last known address of 1425 Apple Drive, Apt. 142, Mechanicsburg, PA 17055. This letter was mailed on August 03, 2007. The unopened letter was returned to the Cumberland County Sheriffs Office on August 04, 2007 marked "MOVED, LEFT NO ADDRESS." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he 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: James R. Moul, by certified mail to his last known address of 16 West Main Street, Camp Hill, PA 17011. This letter was mailed on August 03, 2007. The unopened letter was returned to the Cumberland County Sheriffs Office on August 21, 2007 marked "UNCLAIMED, UNABLE TO FORWARD." Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2007 at 2029 hours, he 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: Mayre Erin Moul a/k/a Mayre Erin Coyne, by making known unto Mayre E. Moul personally at 16 West Main Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1704 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne located at 16 West Main Street, Camp Hill, Cumberland County, 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 the within named defendant, to wit: James R. Moul by regular mail to his last known address of 1425 Apple Dr., Apt. 142, Mechanicsburg, PA 17055. This letter was mailed under the date of October 12, 2007 and returned unopened to the Sheriffs Office on October 16, 2007 marked "MOVED, LEFT NO ADDRESS." 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 the within named defendant, to wit: James R. Moul by regular mail to his last known address of 16 West Main Street, Camp Hill, PA 17011. This letter was mailed under the date of October 12, 2007 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 the within named defendant, to wit: Mayre Erin Moul a/k/a Mayre Erin Coyne by regular mail to her last known address of 16 West Main Street, Camp Hill, PA 17011. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 19.65 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 24.96 Certified Mail 10.42 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 407.00 Patriot News 377.75 Share of Bills 14.92 $1,002.20 So Answers: R. Thomas Kline, Sheriff BYJOdAA ,S Real Estate ergeant ? 411H l Di (?,.. a ? CW1 X39 ?? ?,? q ?n, ) 1 `?' DEUTSCHE DANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC. SERIES 2002-D. ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .16 WEST MAIN STREET. CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 16 WEST MAIN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAN GENERAL FINANCIAL SERVICES DEPT. 280946 HARRISBURG, PA 17128-0946 505 SOUHT MAIN STREET SUITE 100 ORANGE, CA 92868 6 S. HANOVER STREET CARLISLE, PA 17013 i 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 16 WEST MAIN STREET CAMP HILL, PA 17011 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. Sec. 4904 relating to unsworn falsification to authorities. June 20, 2007 J61 DATE ANIEL G. CHMIEG, ES UI Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). TO: JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 June 20, 2007 CUMBERLAND COUNTY No. 07-711- CIVIL TERM MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATlEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 16 WEST MAIN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 05, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $150,495.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERI VEST MORTGAGE SECURITIES INC. SERIES 2002-D ASSET BACKED PASS- THROUGH CERTIMCATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2002 WITHOUT RECOURSE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . , . <.M DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. BEING the same premises which JAMES W. SAUVE, JR. and JUDITH A. SAUVE, his wife, STEPHEN C. SAUVE and Helen M. Sauve, his wife, and DAVID L. SAUVE and SHARON K. SAUVE, his wife, by deed dated June 25, 1996 and recorded on June 26, 1996 in the'Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 141, page 690, granted and conveyed unto BRIAN C. SWEENEY and LAURA M. SWEENEY, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 37-23-0555-032 Control #: 37000034 Premises: 16 West Main Street, Camp Hill, PA 17011 Shiremanstown Borough Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/2001, in Deed Book 243, page 14. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC, SERIES 2202-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 12/01/02 WITHOUT RECOURSE Plaintiff (s) From JAMES R. MOUL, MAYRE ERIN MOUL A/K/A MAYBE ERIN COYNE (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 $150,495.87 L.L. $.50 Interest from 6/20/07 to 12/05/07 (per diem - $24.74) - $4,156.32 and Costs Atty's Comm % Atty Paid $227.80 Plaintiff Paid Date: 06-25-07 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Due Prothy $2.00 Other Costs $2,149.08 Curtis K Long, Protho ry By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 03 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA Known and numbered as 16 West Main Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: j CL_I S V? Real Estate ergeant 1, 1 . '. 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: October 26, November 2 and November 9, 2007 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. REAL ESTATE SALE NO. 3 Writ No. 2007-711 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Series 2002-D Asset Backed Pass-Through Certificates Under the Pooling & Servicing Agreement Dated as of December 1, 2002 Without Recourse VS. James R. Moul and Mayre Erin Moul a/k/a Mayre Erin Coyne Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Lisa arie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 9 of November. 2007 Notary 4e?? NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNiy My Commission Expires Apr 28, 2010 The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 uhf ?atriot?'%1ews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M°, Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 Sworn to and scribed a re me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Clads, Notary PubNc CMy Of HarMbug, Oeupfdn county My Commieelm E*m June 2.2008 Member, Pennsylven AssoWeuon of MW es Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE VS. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-711- CIVIL TERM PRAECIPE TO REDUCE COURT ORDER TO JUDGMENT ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES R. MOUL, and MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE, Defendant(s) for 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 Plaintiffs damages as follows: As set forth in ORDER TOTAL $161,917.73 $161,917.73 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. .mil{ )oM.S 2' - I?`- Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: pr.?1?? ??.C PHS # 148355 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST : CUMBERLAND COUNTY COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-711- CIVIL TERM VS. JAMES R. MOUL MAYBE ERIN MOUL A/K/A MAYRE ERIN COYNE VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES R. MOUL is over 18 years of age and resides at 16 WEST MAIN STREET, CAMP HILL, PA 17011. (c) that defendant MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE is over 18 years of age and resides at 16 WEST MAIN STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. - AIV?- 2)??_ Daniel G. Schmieg, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-711- CIVIL TERM VS. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 Notice is given that a Judgment in the above captioned matter has been entered against you on /_2?L al _ A00c, By: .B?FY If you have any questions concerning this matter please contact: ,Zf?co 21j-? . Darnel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANARUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ?rov a 6 2007 ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of : Court of Common Pleas Ameriquest Mortgage Securities, Inc. Series•2002-D, Asset Backed Pass-Through Certificates Under the : Civil Division Pooling and Servicing Agreement Dated as of December 1, 2002 Without Recourse : Cumberland County. Plaintiff No. 07-711-Civil Term VS. James R.- Moul Mayre Erin Moul A/K/A Mayre Erin Coyne Defendants ORDER AND NOW, this day of A)Wer %6a 200.7, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nurse pro tune as follows: Principal Balance Interest Through 12/05/07 Per Diem $28.42 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $121,209.73 26,320.47 1,559.17 1,925.00 1,236.58 0.00 228.50 285.00 0.00 0.00 ?, ?,2a5- Suspense/Misc. Credits 0.00 Escrow Deficit 9.153.28 TOTAL $1611,917.73 Plus interest from 12/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: 4dw? 'a-9sad) J. 148355 T"' COPY FROM RECORD WW W- I hn unto set MV NO . tIU1 of se;d at CadL*- pa r1k a r IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MAYBE ERIN MOUL Debtor(s) Citi Residential Lending, Inc., a Delaware Corporation as loan servicer for Secured Creditor Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc. Chapter 13 NO. 1-07-bk-03 864/MDF V. MAYRE ERIN MOUL and Charles J. DeHart, III Esq. Trustee ORDER Upon Consideration of the Certification of Default filed by the Moving Party in accordance with the Stipulation of the parties approved on August 28, 200$ it is ORDERED AND DECREED that: The Automatic Stay of all proceedings; as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. Section 362, is modified to allow Citi Residential Lending, Inc., a Delaware Corporation as loan servicer for Secured Creditor Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regarding the premises 16 West Main Street Camp Hil1,PA 17011 and a possessory action if necessary. The stay provided by Bankruptcy Rule 4001(a) (3) has been waived. By the Court, 7 fd (JDK) This document is electronically signed and filed on the same date. Dated: January 7, 2009 Case 1:07-bk-03864-MDF Doc 56 Filed 01/07/09 Entered 01/08/09 07:05:36 Desc Main Document Page 1 of 1 p t1 c .' 1 w Co PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL AMA MAYRE ERIN COYNE Defendant(s). No. 07-711-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $161,917.73 Interest from 12/0512007-SEPTEMBER 2, 2009 $16,983.56 and Costs (per diem -$26.62) Add' l Costs TOTAL $178,901.29 y DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This• property' is sold at the direction of the plaintiff. It may not be sold'in the absgnce of a representative of the plaintiff at the Sheriff's Sale. The.sale must be postponed or stayed in the event that'a representative of the plaintiff is not present at the sale. 148355 O r 0 ?z ?` ? A p ? W V d a x??Aw?wo oat o v Hx ? w U? dl dH HU 04 U '? ? o {7 v? ti:, ? ? a Lus- l } { V r C-4 pd., a as x UV W ?° H H <C r° v l - ?r J A Y y r Y r r Y w ~ 1 ` ? 1 cl 44- vq- T ? cO ?t1 H V {? ^ V LI) V 1 ri v yr WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE, Plaintiff (s) From JAMES R. MOUL AND MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $161,917.73 L.L. $.50 Interest FROM 12/05/2007-09/02/2009 (PER DIEM - $26.62) _$16,983.56 AND COSTS Atty's Comm % Atty Paid $1,268.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MARCH 27, 2009 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE //_?b a J I -A 'J L4?9 urtis R. n ry By: Deputy Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL AXIA MAYRE ERIN COYNE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?t - 21 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? ? =i'i ..G? . Y-1 .? ? 1 ?"+ ? "t t ? ? % .,? ...1 .' ' ?:?? -?' i _. ? ^' _? ?t`5'S rR... ?. ? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST ' MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). NO. 07-711-CIVIL TERM CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER L2002 WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,16 WEST MAIN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYBE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 16 WEST MAIN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE AMERICAN GENERAL FINANCIAL SERVICES DEPT. 280946 HARRISBURG, PA 17128-0946 6 SOUTH HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 1200 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 16 WEST MAIN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to auto 'ti March 25, 2009 nna'4A.Q 214-- DATE D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff 03 co 1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL AIK/A MAYRE ERIN COYNE Defendant(s). TO: JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 07-711-CIVIL TERM March 25, 2009 MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 16 WEST MAIN STREET. CAMP HILL. PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $161.917.73 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC. SERIES 2002-D. ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2002 WITHOUT RECOURSE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563 _ 7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that 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 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/2001, in Deed Book 243, page 14. PREMISES BEING: 16 WEST MAIN STREET, CAMP HILL, PA 17011 PARCEL NO. 37-23-0555-032 cn C LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/2001, in Deed Book 243, page 14. PREMISES BEING: 16 WEST MAIN STREET, CAMP HILL, PA 17011 PARCEL NO. 37-23-0555-032 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, v. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,16 WEST MAIN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Last Known Address (if address cannot be reasonably ascertained, please indicate) 16 WEST MAIN STREET CAMP HILL, PA 17011 16 WEST MAIN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE AMERICAN GENERAL FINANCIAL SERVICES DEPT. 280946 HARRISBURG, PA 17128-0946 6 SOUTH HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP LOWER ALLEN TOWNSHIP 1200 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 1035 MUMMA ROAD, STE 101 C/O STEVEN P. MINER WORMLEYSBURG, PA 17043 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 16 WEST MAIN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. wrence T. elan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779" Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: 0 71 do h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF CUMBERLAND COUNTY AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, COURT OF COMMON PLEAS ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER CIVIL DIVISION 1, 2002 WITHOUT RECOURSE Plaintiff NO. 07-711-CIVIL TERM V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s) AFFIDAVIT OF SERVICE OF LIENHOLDERS PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALF, COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, the undersigned attorney for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE hereby verify as follows: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 16 WEST MAIN STREET, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". PHELAN, HALLINAN & SCHMIEG, LLP ce . Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206774,?' Andrew C. Bramblett, Esq., Id No. 208375 Date: C/ Attorneys for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the absence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148355-SXF W O 0 ? •c N U a?i v W boo CII ??a U k•+ Ad a? Od a C7 U a h ? 'C zd? W C V 7 4.. U A LL 9 p ? 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Z+ N ? ey•SE' x 0 u .° W o?3°g h o u.- o ? v ° ? a 00 ON . `o w C of ,S w > 01 O w y .... C O W E N o C o fi N $ &' m E 'a u o c ? v?poo ? a H?a C S N M 00 yy a H H n°, w W d d c d ,.,, M ? U v? d z a ? Ew, o z ? a 0 F a z V, Oa z 04 0 aa? 6o W az o o p d dw > w o? Q v W?IU 3a3 WEw'' a 3"'?0? rA z > z Oo w a?z 0Or?O aU?3 -, Ha ? ?a u M az tia o lO z a •-- N M V7 l? 00 z 2979 jL;L 31 liT 2: P : ,.' "' Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff v. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-711- CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on February 6, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit 66XD 2. Judgment was entered on June 25, 2007 in the amount of $150,495.87. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 16 WEST MAIN STREET, CAMP HILL, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:07-03864 on December 4, 2007. The Bankruptcy was dismissed by order of court dated January 7, 2009. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on September 2, 2009. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $120,192.66 Interest Through September 2, 2009 $35,113.63 Per Diem $28.81 Late Charges $2,668.39 Legal fees $2,475.00 Cost of Suit and Title $1,784.58 Sheriffs Sale Costs $974.00 Property Inspections/ Property Preservation $573.70 Appraisal/Brokers Price Opinion $660.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $9,127.02 TOTAL $173,568.98 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 29, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered a Reassessment Order for $161,917.73 dated November 9, 2007 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: 'LaWtenceT. Phelan, Esq., d, No. 32227 ? Francis S. Hallinan, Esq., Id-No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86+657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-711- CIVIL TERM Defendants MEMORANDUM OF LAW W SUPPO__ RT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAMES R. MOUL and MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 16 WEST MAIN STREET, CAMP HILL, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank ofPittsburgh v Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat Bank, 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co.. 332 Ida. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping C, enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fie of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ?TPhelam Z-c._ sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148355 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYBE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 Defendants ? r N O -n tL+ '^C ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 Al lVt`, - C CUMBERLAND COUNTY 41, n4. W_ . 100v fts-4;V04 „ATON LAW CARM&M CIVIL g L ????? r??? ?rVe hereby y': -lain cet tot the COPY of R. File #: 148355 NOTICE You have been sued in court. If you wish to defend against the claims set fbrth 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 fiukher notice for any money claimed in the complaint or 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, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 149355 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149355 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #; 148355 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/15/2002 mortgagor(s) 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 Couaty, in Book: 1791, Page: 136. Said mortgage was modified as set forth in the modification agreement dated 10/15/2002, in Mortgage Book No. 693, Page 1294. By Assignment of Mortgage recorded 04/14/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 707, Page 2114. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with P&R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. He #: 148355 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $121,209.73 Interest $18,029.52 06/01/2005 through 02/02/2007 (Per Diem $29.46) Attorney's Fees $1,250.00 Cumulative Late Charges $620.42 10/31/2002 to 02/02/2007 Cost of Suit and Title Search $550.00 Subtotal $141,659.67 Escrow Credit $0.00 Deficit $4,770.72 Subtotal 770.72 TOTAL $146,430.39 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File Y: 148355 8. Plaintiff is not seeking a judgment of personal liability (or an in ILersonal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Fite #: 148355 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $146,430.39, together with interest from 02/02/2007 at the rate of $29.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P HALLINAN & S G, LLP By: /s/Francis S linan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File N: 148355 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE BOROUGH OF SHIREMANSTOWN, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED, LIMITED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTH BY MAIN STREET, HAVING A FRONTAGE OF FORTY FEET; ON THE EAST BY LAND NOW OR FORMERLY OF GARY-ALAN DEVELOPMENT CORP., ONE HUNDRED EIGHTY-THREE (183) FEET, MORE OR LESS TO COURTLAND ALLEY; ON THE WEST BY LAND NOW OR FORMERLY OF LESTER J. MAYBERRY, ONE HUNDRED EIGHTY-THREE (183) FEET, MORE OR LESS, TO MAIN STREET, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE BEING KNOWN AND NUMBERED AS 16 WEST MAIN STREET, SHIREMANSTOWN, PENNSYLVANIA. PROPERTY BEING: 16 WEST MAIN STREET File #: 148355 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ,4 J ? Y?- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff (:?) DATE: ..Qw (g- Exhibit "B" PHELAN HALU NAN & SCHMIEG, L.L.P. By: DANIEL G. SCH MIIEG Idendfm ion No. 62205 Attorney for PWatiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SURE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATESUNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 200 WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 " V. Plaintiff, JAMES R. MOUL . MAYRE ERIN MOUL A IKIA MAYRE ERIN COYNE AnORNEY nU ,s PLEAk I CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-711- CIVIL TE c,q cn ATTORNEY FILE COQ' PLEASE RMRM . Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES ?R. MOUL and MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNEE Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $146,430.39 A?r?RY ppy I nterest from 03/03/07 to 06/20/07 $4,065.48 P ', .? TOTAL $150,495.87aN I hereby certify that (Q the addresses of the P tiff and Defe t(s) are as shown above, and (2) that notice has been given in accordance with R 1)c y c ANIEL G. Skt G, ES ?..a.?.?.QR FILE Copy Attorney for Plaintiff PLEASE RETURN DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 148355 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MAYBE ERIN MOUL Debtor(s) Citi Residential Lending, Inc., a Delaware Corporation as loan servicer for Secured Creditor Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc. Chapter 13 NO. 1-07-bk-03864/MDF V. MAYRE ERIN MOUL and Charles J. DeHart, III Esq. Trustee ORDER Upon Consideration of the Certification of Default filed by the Moving Party in accordance with the Stipulation of the parties approved on August 28, 2008 it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. Section 362, is modified to allow Citi Residential Lending, Inc., a Delaware Corporation as loan servicer for Secured Creditor Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regarding the premises 16 West Main Street Camp Hill,PA 17011 and a possessory action if necessary. The stay provided by Bankruptcy Rule 4001(a) (3) has been waived. )BY the Court, This document is electrordca4 signed and filed on the same date. Dated: January 7, 2009 Case 1:07-bk-03864-MDF Doc 56 Filed 01/07/09 Entered 01/08/09 07;05:36 Desc Main Document Page 1 of 1 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE. - 1- -A /09 By: 'tLawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id'. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-711- CIVIL TERM Defendants Exhibit "D" 3 w ao 0 a £o L6 4 3003 dlZ WO&I a3lIVY1 6ooz 6Z lnr O l.oe m ooo o9Z' &o $ M zo S3MOH A3NLd ww- G n a W o a V a rW AVG U ? U V ? I I r PC w w q 064 O a a a "C ? O aaC r.+ W Ca DD U v 0 C/ N N 00 v a U ., in 4 n kn a a a eve . ? PC t4 JI f? cri r p O O 9 y.9? V ? S$ o g g ° o ?a O !' y ? M h u gg x a ? o a a°w 1 z$ oT Z;l 3 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-711- CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 MAYRE ERIN MOUL A/K/A MAYBE ERIN COYNE 209 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DATE: i Lo JAMES R. MOUL 1425 APPLE DRIVE APT 142 MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP By: jj?fSi;7ence T. Phelan, Esq., Id No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq+, Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF CAF THE PF 9 , OTARY 2009 AUG -4 M 9: 5 PE gI4,SAVfA,N,',fA AUG 0 5 2009,t;7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 07-711- CIVIL TERM V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants RULE AND NOW, this day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. 0,0 ddy f a1r, ^",,? Rule Returnabl m e am BY T COURT J. ZMichele M. Bradford Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 ? MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 209 SOUTH MARKET STREET MECHANICSBURG, PA 17055 I-cyp Las r7t.'-a LL?ZL elt'loy -rA-MES R. MOUL 1425 APPLE DRIVE APT 142 MECHANICSBURG, PA 17055 148355 1L TAIRY 2003 A"J Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- Civil Division D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & CUMBERLAND County SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE No. 07-711- CIVIL TERM Plaintiff V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 26, 2009 was sent to the following individual on the date indicated below. JAMES R. MOUL JAMES R. MOUL MAYRE ERIN MOUL 1425 APPLE DRIVE A/K/A MAYRE ERIN COYNE APT 142 16 WEST MAIN STREET MECHANICSBURG, PA 17055 CAMP HILL, PA 17011 MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 209 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF titf ', OF THE: PPOT??',5?WY 2009 AUG 19 Ah 10- X199 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which AMERI UEST MTG SECURITIES INC SERIES 2002-D TR is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 27TH day of MARCH, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 711, at the suit of AMERIQUEST MTG SECURITIES INC SERIES 2002-D TR against JAMES R MOUL & MAYRE ERIN MOUL AKA MAYRE ERIN COYNE is duly recorded as Instrument Number 200937607. IN TESTIMONY WHEREOF, I/h'ave hereunto set my hand and seal of said office this day of 71? A. D. Recorder of Deeds '21, V1 .? y. -, PA x X Pkgfday of JWI. ?4 IQ ,..- . R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County t?€fi5 <3? T `_ Sr ?R1Fg F LED-0 -` Y OF T' Fir': 4 .'0T(\P 2T I NOV - b tTl 0: 4 5 Deutsche Bank National Trust Company as Trustee Case Number vs. James R Moul 2007-711 SHERIFF'S RETURN OF SERVICE 06/26/2009 05:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1536 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James R. Moul and Mayre Erin Moul, located at, 16 West Main Street, Camp Hill, Cumberland County, Pennsylvania according to law. 06/26/2009 08:19 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James R. Moul, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant James R. Moul, defendant no longer resides at address provided, did not leave a forwarding at the Post Office. 06/26/2009 08:19 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 2019 hours, he 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: Mayre Erin Moul, by making known unto, Mayre Erin Moul, personally, at, 16 West Main Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of, Deutsche Bank National Trust Company, as Trustee on Behalf of the Certificateholders for Ameriquest Mortgage Securities Inc., Series 2002-D, Asset-Backed Certificates, of, 505 City Park Way West, Suite 100, Orange, CA 92868, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 868.66 SHERIFF COST: $868.66 f/69 SO ANSWERS, jr ie?? 0 R THOMAS KLINE HERIFF October 22, 2009 G'OAA- q F,Ud o Co- S 68e- 7.7 4. -73 /cam,. ? 3 3 5".2 e r DEUTSCHE BANK NATIONAL TRUST COMPANYjAS TRUSTEE OF AMERIQUEST CUMBERLAND COUNTY MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH COURT OF COMMON PLEAS CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF CIVIL DIVISION DECEMBER 1, 2002 WITHOUT RECOURSE NO. 07-711-CIVIL TERM Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,16 WEST MAIN STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 MAYBE ERIN MOUL 16 WEST MAIN STREET A/K/A MAYRE ERIN COYNE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE AMERICAN GENERAL FINANCIAL SERVICES DEPT. 280946 HARRISBURG, PA 17128-0946 6 SOUTH HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 1200 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 16 WEST MAIN STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to au o 'ti March 25, 2009 Clan"&-t-o 2-1 DATE D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE Plaintiff, V. JAMES R. MOUL MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE Defendant(s). TO: JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 07-711-CIVIL TERM March 25, 2009 MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE 16 WEST MAIN STREET CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANA7TEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 16 WEST MAIN STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $161,917.73 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 21( 5) 563- 7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/2001, in Deed Book 243, page 14. PREMISES BEING: 16 WEST MAIN STREET, CAMP HILL, PA 17011 PARCEL NO. 37-23-0555-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-711 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 WITHOUT RECOURSE, Plaintiff (s) From JAMES R. MOUL AND MAYRE ERIN MOUL A/K/A MAYRE ERIN COYNE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $161,917.73 L.L. $.50 Interest FROM 12/05/2007-09/02/2009 (PER DIEM - $26.62) _$16,983.56 AND COSTS Atty's Comm % Due Prothy $2.00 Arty Paid $1,268.00 Other Costs Plaintiff Paid Date: MARCH 27, 2009 (Seal) A'.1a. A- 11 -1:01 LO- LiWA?_Z" C s R. Long, Pro ry By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Shiremanstown, Cumberland County, PA Known and numbered as, 16 West Main Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 By: DA ate- Real Estate Coordinator 0 ?C W'i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 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. " - I - -' (? /' Lis Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this da of August, 2009 Notary LLINS =BORO, EAL lic RLAND COUNTY Apr 28, 2010 #AM& 9004404NA lid. Writ No. 2007-711 Civil Deutsche Bank National Trust Company as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002- D, Asset Backed Pass-Through Certificates Under the Pooling & Servicing Agreement Dated as of December 1, 2002 without recourse vs. James R. Moul, Mayre Erin Moul a/k/a Mayre Erin Coyne Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate, lying and being m the Borough of Shiremanstown, Cumbe ind County, P+euasylvania, =ere PuBy ?, hinted amd 6ebalbod as fwk wa' to wit: BEGINNING at a paint on the North by Main Street, having a frmtgp of forty fit; on the Rart by land now or formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. May- berry, one hundred eighty-three (183) feet, more or less, to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shireman- stown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moui, his wife, by Deed from Brian C. Sweeney and Laura M. Sweeney, husband and wife, dated 04/09/2001, recorded 04/19/200 1, in Deed Book 243, page 14. PREMISES BEING: 16 WEST MAIN STREET, CAMP HILL, PA 17011. PARCEL NO. 37-23-0555-032. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4e?tatriot New: Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 Ell8 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07/31/09 08/07109 Sworn to and spy ribed before me this 14'day/,bf August, 2009 A.D. Notary Pu COMMONWEALTH OF PENNSYLVANIA t?otar ai Seal Shame L. "ary Public Ck%Of Hamshwp, Dauphin County i _My Comm.,?sa<:F;y rcpiresNov. 26, 2011 Member Pennsyivaniz Association of Notariet ?iaie No. ob Writ No. 2007-711 Civil Term "-aeutsche Bank National Trust Company as Trustee of Ameriquest Mortgage Securities, inc., Series 2002-D, Asset racked Pass- Through Certificates Under the Pooling & Servicing Agreement Dated as of December 1, 2002 without recourse vs. James R Moul Mayre Erin Moui a/k/a Mayre Erin Coyne Atty: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land. situate, lying and being in the Borough of Shiremanstown, Cumberland Countp. Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the Fast by land now of formerly of Gary-Alan Development Corp., one hundred eighty-three (183) feet, more or less Courtland Ailey; on the West by land nosy c; formerly of Lester J. Mayberry, one hundreu eighty-three (183) feet, more or less, to Mait; Street, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half stare brick dwelling house being known and numbered as 16 West Main Street Shiremanstown, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN James R. Moul ant: Mayre Erin Moul, his wife, by Deed from Bria , C. Sweeney and Laura M. Sweeney, husban,, and wife, dated 04/09/2001, recorded 04119120, 1, in DeedBook 243, page 14 . PREMISES BEING: 16 WEST MAIM STREET, CAM? HILL. PA 17011 PARCEL. NO. 37-21-0,555-01'