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Home My WebLink About07-1291GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH Mortgagor and Real Owner 319 7th Street New Cumberland, PA 17070 Defendant ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MOfiTQAGE "ECI_GRURF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES O'7 -1291 IN THE COURT OF COMMON PLEAS -OF CUMBERLAND COUNTY CIVIL ACTION - LAW NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 or 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1740. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is RICHARD W. SMITH, 319 7th Street, New Cumberland, PA 17070, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On September 10, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1882, Page 2973. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for November 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ................................ ..$62,836.23 Interest from 10/01/2006 through 03/31/2007 at 10.9900% ..................... $3,490.75 Per Diem interest rate at $19.18 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,141.81 Late Charges from 11/01/2006 to 03/31/2007 .............................................$620.47 Monthly late charge amount at $30.18 Costs of suit and Title Search .................................. tonn $900.00 Fees ..............................................................................................................$181.00 NSF Charges ............................................................... $7.25 Corporate Advance ........................................................................................$15.00 .................................. Suspense ..................................................................................................... -$230.21 Monthly Escrow amount $91.20 $70,962.30 Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $70,962.30, together with interest at the rate of $19.18, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, a as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: -? ^ 7--a -7 AMERIQUEST TGAGE C ORATION ExhibitA Conestoga Title Insurance Company SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Policy is described as follows: ALL that certain piece or lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of E. J. Walker, Professional Engineer, dated October 21, 1969, as follows, to wit: BEGINNING at a point on the Northwesterly side of Seventh Street, said point being 219.7 feet Southwest of the Westerly corner of Bridge and Seventh Streets, said point also being the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along Seventh Street South 38 degrees 15 minutes West 20 feet to a point opposite the center of a partition wall separating the dwelling hereon from dwelling known as No. 321 Seventh Street; thence along the same and passing through the center of said partition wail North 51 degrees 45 minutes West 105 feet to the Southeast line of a 10 feet wide alley; thence along said alley North 38 degrees 15 minutes East 20 feet to the aforesaid dividing line between Lots Nos. 7 and 8; thence along the same South 51 degrees 45 minutes East 105 to the point and place of BEGINNING. BEING the Easterly twenty (20) feet of Lot No. 7 on a Plan of Lots known as "Elkwood" which Plan is recorded in Deed Book "M", Volume 5, Page 500, Cumberland County Records. As described in Deed Book L-23, Page 370 Parcel #26-24-0811-316A ALTA Policy Schedule C (2004080175.PFD/2004080175/35) E.-X,hibit B P.O. Bo= 11M0 11111111111111111111111 Santa Aga, CA 92711-1ti00 7182 6389 3060 0949 3521 101f1"C MORTGAGE SERVICES January 03, 2007 RICHARD W SMITH 319 7TH STREET NEW CUMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como los propietarios de tunas pueden evitar perder sus hogares debido a demoras de pagos. Para informacion en espailol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0090469446 Property Address: 319 7TH STREET, NEW CUMBERLAND PA, 17070 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official ootice that the mortgage on your home is is default, and the leader intends to foreclose, Specific information about the nature of the default is Provided In the attached naves. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the protram works. To see if HEMAP can he1P. yon mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with on when on meet with the Cow"dint Agency. The same. address and Phone umber of Consumer Credit Coaaseliat Aaeacies serviat year County are This Notice contains important legal information. If yon have any gaestioss, representatives at the Costumer Credit Counseling Agency may be able to help explain it. You may also want to contact as attorney in your area. The local bar associn ion may be able to help yon find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IM PORTANCIA, PLIES AFECTA SII DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBT19NGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO "°3'"°?q'06 Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMA90 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SII HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS 17 YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: Z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, You are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Daring that time yon must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the and of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling WRO listed at the end of this notice the lender may NOT take action against yon for thirty (30) days after the date of this mooting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is looted are set forth at the end of this Noti ce. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for finnncial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR 17 YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME RVIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available finds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. voa,mc.n-W January 03, 2007 Loan Number: 0090469446 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Energeacy Mod=ape Anistaace.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring ft so to der NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 319 7TH STREET, NEW CUMBERLAND, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/06 thin 01/01/07 at $603.69 per month Monthly Payments plus late charge or other fees: $2424.80 Total Amount to Care Default: $2424.80 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use If not applicable): N/A HOW TO CURE THE DEFAULT --Yon may care the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2424,80 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: AMC Mortgage Services 505 City Parkway West, Suite 0100 Orange, CA 92868 You can care any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not care the default within THIRTY (30) DAYS of the date of this Notice, the leader Intends to exercise its rights to accelerate the raortpge debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fall payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morttatted pmgg• IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you core the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that wen actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cane the defaak witkia the THIRTY (30) DAY period, you will not be rcaaired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other some due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yon still have the riots to cme the af..u and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, phis any late or other charges then doe reasonable attorney's fees and costs connected with the m Qerform N AM other requirements under the moftM. Caring your default in the manner set forth in this notice will restore your mortpge to the same position as if you had sever defaulted, . EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to care the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Asa, CA 92711-1000 Phone Number 800-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to move you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or % may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT' z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. : TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) : TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER z TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Housing Counseling Agency in your area by calling Toll-free (800) 5694287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0090469446 Mailed by 1st Class Mail and by Certified Mail Vo Vmwft a Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 b ? a r^ww) ._..{ nra ? VJ I M, r? ' _f Tl L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CO., as Trustee of Ameriquest Mortgage Securities, Inc. Asset backed pass through certificates series 2004-R1 l under the pooling and servicing agreement dated as of December 1, 2004, without recourse, Plaintiff(s), vs. RICHARD W. SMITH, Defendant(s). CIVIL DIVISION No. 07-1291 - CIVIL TERM Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of. RICHARD W. SMITH, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee of Ameriquest Mortgage Securities, Inc. Asset backed No. 07-1291 - CIVIL TERM pass through certificates series 2004-RI 1 under the pooling and servicing agreement dated as of December 1, 2004, without recourse, Plaintiff(s), vs. RICHARD W. SMITH, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), RICHARD W. SMITH, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED and DENIED in part. It is admitted that Plaintiff is DEUTSCHE BANK NATIONAL TRUST CO. designated as such in the caption. The balance of paragraph 1 states legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 1 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 2. Paragraph 2 is ADMITTED in part and DENIED in part. It is ADMITTED Defendant's name and address are as listed. The balance of Paragraph 2 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 2 is required, said averments are specifically denied and strict proof to the V 4. contrary is demanded at trial. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiff s complaint. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee of Ameriquest Mortgage Securities, Inc. Asset backed No. 07-1291 - CIVIL TERM pass through certificates series 2004-RI 1 under the pooling and servicing agreement dated as of December 1, 2004, without recourse, Plaintiff(s), vs. RICHARD W. SMITH, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) RICHARD W. SMITH and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to By: Fred W. r ' V, Esquire for fendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee of Ameriquest Mortgage Securities, Inc. Asset backed No. 07-1291 - CIVIL TERM pass through certificates series 2004-R11 under the pooling and servicing agreement dated as of December 1, 2004, without recourse, Plaintiff(s), vs. RICHARD W. SMITH, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this April 5. 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: JOSEPH A. GOLDBECK, JR. ESQUIRE GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 April 5, 2007 Date w n t'S1 C3 rn ry. r_ r" . 'Sw . SHERIFF'S RETURN - REGULAR CASE NO: 2007-01291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SMITH RICHARD W TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SMITH RICHARD W DEFENDANT the , at 1622:00 HOURS, on the 14th day of March , 2007 at 319 7TH STREET NEW CUMBERLAND, PA 17070 RICHARD W SMITH was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 16. Affidavit .00 00 Surcharge 10.00 R. Thomas Kline .00 44.32 03/15/2007 00 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to 31AS101 By. before me this day De ty Sheriff of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center ATTORNEY FOR PLAINTIFF 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-1291 RICHARD W. SMITH Mortgagors and Record Owners 319 7th Street New Cumberland, PA 17070 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 2. Identify counsel who will argue cases: (a) for plaintiff: David Fein Esquire, Suite 5000-Mellon Independence Center, 701 Market Street Philadelphia, PA 19106 (Name and Address) (b) for defendant: Fred W. Freitag IV Esquire, Greenfield Court, 1040 Fifth Avenue, Pittsburgh, PA 15219 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature David Fein, Esquire Print your name Date: 7// /1107 C7 ? ? C4 ? -rw _ ? '"? ' ? a _ _.,a ?? - d :?_ ;f . ? n ?7 ..::? i - ..... :` ? ??,1 C.r'1 ? ..,,,! GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. RICHARD W. SMITH Mortgagor and Record Owner 319 7th Street New Cumberland, PA 17070 No. 07-1291 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE (hereinafter "Plaintiff") 2. Defendant is RICHARD W. SMITH (hereinafter "Defendant") 3. Plaintiff filed its Complaint in mortgage foreclosure on March 08, 2007. A true IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY and correct copy of the Complaint is attached hereto as Exhibit A. • .16 4. Defendant filed an Answer on or about April 5, 2007, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER David Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee, Esquire Attomey I.D.#78020 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-1291 VS. RICHARD W. SMITH Mortgagor and Record Owner 319 7th Street New Cumberland, PA 17070 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Cadberaie Pacheco being duly sworn according to law, deposes and says: 1. I am the Pert Aps\)(e l for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, RICHARD W. SMITH, made, executed and delivered a Mortgage upon the premises, 319 7th Street, New Cumberland, PA 17070, on September 10, 2004 to AMERIQUEST MORTGAGE COMPANY. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due November 01, 2006 and each month thereafter are due and unpaid. At no time from November 01, 2006 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B" to Plaintiffs Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 10/01/2006 through 03/31/2007 at 10.9900% Per Diem interest rate at $19.18 Reasonable Attorney's Fee Late Charges from 11/01/2006 to 03/31/2007 Monthly late charge amount at $30.18 Costs of suit and Title Search Fees NSF Charges Corporate Advance Suspense Monthly Escrow amount $91.20 I hereby verify that any exhibits attached hereto are true and correct originals and I declare all of the foregoing to be true,6d correct. SWORN TO AND UBSCRIBED: before me this day: Of Y?CU- . , 200 Notary Public t $62,836.23 $3,490.75 $3,141.81 $620.47 $900.00 $181.00 $7.25 $15.00 -$230.21 $70,962.30 ct copies e y ?rr£er9qu , %I moriyaye r?csrrihany as Attorney in Fact by its authorized agent AMC Mortgage Services Inc. hMMedIMN111 V NSWV ow ft00-0 cwj* F*C M1.lprrifMv2,X11 OW pwm-q- VERIFICATION DAVID FEIN, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. David Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. RICHARD W. SMITH Mortgagor and Record Owner 319 7th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-1291 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Cheryl A. Dilchus, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 Cheryl A. Dilchus Sr. Litigation Paralegal Date: 1 ? Cn Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 DATE: July 26, 2007 TO: Attorney Freitag: THIS IS TO NOTIFY YOU THAT CASE NUMBER 07-1291, Deutsche Bank National Trust Company, as trustee of Ameriquest Mortgage Securities, Inc. asset backed pass through certificates, Series 2004-R1 l under the pooling and servicing agreement dated as of 12/01/04 without recourse VS. Richard W. Smith HAS BEEN LISTED FOR ARGUMENT ON August 15, 2007 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. Curtis R. Long Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE VS. RICHARD W. SMITH ORDER AND NOW, thi*A4,V day of XC.,V#-Y- 07-1291 No. , 2007, upon consideration of Plaintiff's Motion for Summary Judgment and Defendant's response thereto, if any, it is ORDERED and DECREED that Plaintiff's Motion is GRANTED; and that Summary Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendant, with damages assessed in the amount of $70,962.30, together with interest from April 1, 2007 to the date of Sheriffs Sale at the rate of $19.18 per day, and for foreclosure and sale of the mortgaged premises. BY THl~ COURT: J. Distribution list: Xvid Fein, Esquire, Suite 5000 - Mellon Independence Center, 701 Market PA 19106-1532 VFfed W. Freitag IV, Esquire, 1040 Fifth Avenue, Pittsburgh, PA 15219 Philadelphia, n tf az? C1 c 7 ii 5;,') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE VS. RICHARD W. SMITH ORDER AND NOW, this,4,V day of OVC,0- 07-1291 No. , 2007, upon consideration of Plaintiff s Motion for Summary Judgment and Defendant's response thereto, if any, it is ORDERED and DECREED that Plaintiff's Motion is GRANTED; and that Summary Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendant, with damages assessed in the amount of $70,962.30, together with interest from April 1, 2007 to the date of Sheriffs Sale at the rate of $19.18 per day, and for foreclosure and sale of the mortgaged premises. EDGAR B. BAYLEY JUDGE 1 COURTHOUSE SQUARE 1E, PENNSYLVANIA 17013-3387 BY THE COURT: SgPes PN ??r `?*? ?.? n PITNEY BONTS 02 1A $ 00.410 0004631598 AUG21 2007 MAILED FROM ZIP CODE 1 701 3 Fred W. Freitag, !V, Esquire 1040 i= ifthi Avenue Pittchurgh. FA 15219 152 OCE FRE3TAC'FRETURN TO RED MOWED LErT UNABLE TO RETURN TO BC: 17010 1 9072 25 Oe/24/07 SENDER 40 ADDRESS FORWARO SENDER *O'332 - 017.2 7 -.24 -1 S tc: >?c'C9 L.:.s t' ti?illl???11)„?,,,tl??)l;l?,fTl ,A In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH (Mortgagor(s) and Record Owner(s)) 319 7th Street New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-1291 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WELL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against RICHARD W. SMITH IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED AUGUST 20, 2007. Assess damages as follows: Debt Interest from 10/1/06 to 03/31/2007 Total (Assessment of Damages attached) $70,962.30 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or deli red to the party against whom judgment is to be entered and to his attorney of record, if any, after the default oo6u-;;?A and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 t A. Goldbeck, Jr. ey for Plaintiff #16132 AND NOW AU_Q"A a3 aCO-7 , Judgment is entered in favor of DEUTSCHE BANK NATIO L TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE and against RICHARD W. SMITH IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED AUGUST 20, 2007 and damages assessed in the sum of $70,962.30 as per the above certification. . kthronotary I AMQ-1740 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: RICHARD W. SMITH 319 7th Street New Cumberland, PA 17070 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH (Mortgagor(s) and Record Owner(s)) 319 7th Street New Cumberland, PA 17070 Defendant(s) TO: RICHARD W. SMITH 319 7th Street New Cumberland, PA 17070 DATE OF THIS NOTICE: April 4, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-1291 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 7aseX - .1 lrffec No GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 7-W VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, RICHARD W. SMITH, is about unknown years of age, that Defendant's last known residence is c/o FRED W. FREITAG IV, ESQUIREGreenfield Court, 1040 Fifth Avenue, Pittsburgh, PA 15219, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 30?tD GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. RICHARD W. SMITH (Mortgagor(s) and Record owner(sj) 319 7th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-1291 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, and against RICHARD W. SMITH IN ACCORDANCE WITH SUMMARY JUDGMENT ORDER DATED AkW--4JST 20,2007, in the sum of $70,962.30. A. Goldbeck, Jr. ;v for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 a ,yid that the name(s) and last known address(es) of the Defendant(s) is/are RICHARD W. SMITH, c/o F D W. FREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219; 'sCK McCAFFERTY & McKEEVER )h A. Goldbeck, Jr. for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $62,836.23 Interest from 10/01/2006 through $3,490.75 03/31/2007 Reasonable Attorney's Fee $3,141.81 Late Charges $620.47 Costs of Suit and Title Search $900.00 Fees $181.00 NSF Charges $7.25 Corporate Advance $15.00 Suspense -$230.21 $70,962.30 rh K McCAFFERTY & McKEEVER A. Goldbeck, Jr. for Plaintiff AND NOW, this day ofAj - , 2007 damages are assessed as above. 5 ro rothy /OIL (A r A ? 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. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 07-1291 VS. RICHARD W. SMITH (Mortgagors and Record Owner(s)) 319 7th Street New Cumberland, PA 17070 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By. DA* Repe If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH Mortgagor(s) and Record Owner(s) 319 7th Street New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-1291 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/01/2007 to Date of Sale at 10.9900% (Costs to be added) $70,962.30 :CK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr. for Plaintiff w pa, 0 O? N 0 °o ZF O U r. ?WH?W O?v00 un, ?Cd7Cx7vO,cn t' O p Ct W oEn?'WAo zu? a OE-+ O w A?? w CR * 4 Z w (}1 W P a O WU i-+ O`"+ W o v a+ d 3 P4 F ;q y M o 04 U W o z a 0? 3 N N ,C F 5r, ?!1 ? t+1 5 Gn cv p F-q } G ALL that certain piece or lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of E.J. Walker, Professional Engineer, dated October 21, 1969, as follows, to wit: BEGINNING at a point on the Northwesterly side of Seventh Street, said point being 219.7 feet Southwest of the Westerly corner of Bridge and Seventh Streets, said point also being the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along Seventh Street South 38 degrees 15 minutes West 20 feet to a point opposite the center of a partition wall separating the dwelling hereon from dwelling known as No. 321 Seventh Street; thence along the same and passing through the center of said partition wall North 51 degrees 45 minutes West 105 feet to the Southeast line of a 10 feet wide alley; thence along said alley North 38 degrees 15 minutes East 20 feet to the aforesaid dividing line between Lots Nos. 7 and 8; thence along the same South 51 degrees 45 minutes East 105 to the point and place of BEGINNING. BEING the Easterly twenty (20) feet of Lot No. 7 on a Plan of Lots known as "Blkwood" which Plan is recorded in Deed Book "M", Volume 5, Page 500, Cumberland County Records. As described in Deed Book L-23, Page 370 TAX PARCEL NO. 26-24-0811-316A PROPERTY ADDRESS: 319 7 TH STREET, NEW CUMBERLAND, PA 17070 *41' 44 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004- RI l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH (Mortgagor(s) and Record Owner(s)) 319 7th Street New Cumberland, PA 17070 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1291 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 319 7th Street New Cumberland; PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): RICHARD W. SMITH c/o FRED W. FREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219 2. Name and address of Defendant(s) in the judgment: RICHARD W. SMITH c/o FRED W. FREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE sr- a DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Advanta National Bank, USA 500 Office Center Drive, Ste 400 Fort Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 319 7th Street New Cumberland, PA 17070 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE- SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FL SUITE 1300 PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 (attach separate sheet if more space is needed) 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 the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 11 DATED: August 28, 2007 :CK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr., Esq. for Plaintiff ? ? ? GY ? .;;,, ? ? ,? ,ss N ? t ' ? ` '? C .-?. of 07-1291 GOLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH Mortgagor(s) and Record Owner(s) 319 7th Street New Cumberland, PA 17070 Defendant(s Term No. 07-1291 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, RICHARD W. RICHARD W. SMITH c/o FRED W. FREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219 Your house at 319 7th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $70,962.30 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE against you. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE OF OWNER'S RIGHTS or 07-1291 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. S b? LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-1291 07-1291 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1740. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH Mortgagor(s) and Record Owner(s) 319 7th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO. 07-1291 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ? ? ,.? , rt , =-? ? Z s" ? S=ir 4 -t'? t = ti? ? ?t .,. i f ? ? ?? ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-Rl l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From RICHARD W. SMITH (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 $70,96230 L.L. $.50 Interest FROM 4/1/07 TO DATE OF SALE AT 10.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $140.32 Other Costs Plaintiff Paid Date: AUGUST 29, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Deputy Deutsche Bank National Trust Company In the Court of Common Pleas of as Trustee of Ameriquest Mortgage Securities Cumberland County, Pennsylvania Inc, Asset Backed Pass Through Certificates, Writ No. 2007-1291 Civil Term Series 2004-R11 Under the Pooling and Servicing Agreement Dated as of December 1, 2004, without recourse VS Richard W. Smith Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1337 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 Richard W. Smith located at 319 7th St., New Cumberland, 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: Richard W. Smith by regular mail to his last known address of c/o Fred W. Freitag, IV, Esq., Greenfield Court, 1040 Fifth Avenue, Pittsburgh, PA 15219. This letter was mailed under the date of October 12, 2007 and returned to the Sheriffs Office on October 22, 2007 marked "Moved, Left No Address, Unable to Forward." R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 1,256.72 Advertising 15.00 Posting Handbills 15.00 Mileage 16.32 Levy 15.00 Law Library .50 Prothonotary 2.00 Surcharge 20.00 Law Journal 355.00 Patriot News 116.74 Share of Bills 14.92 $1,857.20 I/.? Ala ?-- So Ans s: ?__e R. Thomas Kline, Sheriff BY . ? Q Real Estate geant s ? 5'0 c2.(.;? JgI g" )03w, r Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004- Rl 1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH (Mortgagor(s) and Record Owner(s)) 319 7th Street New Cumberland, PA 17070 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1291 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 319 7th Street New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): RICHARD W. SMITH c/o FRED W.TREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219 2. Name and address of Defendant(s) in the judgment: RICHARD W. SMITH c/o FRED W. FREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Advanta National Bank, USA 500 Office Center Drive, Ste 400 Fort Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 319 7th Street New Cumberland, PA 17070 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE- SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FL SUITE 1300 PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 (attach separate sheet if more space is needed) 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 the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _ DATED: August 28, 2007 3CK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr., Esq. for Plaintiff 07-1291 / GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH Mortgagor(s) and Record Owner(s) 319 7th Street New Cumberland, PA 17070 Defendant(s,' Tenn No. 07-1291 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, RICHARD W. RICHARD W. SMITH c/o FRED W. FREITAG IV, ESQUIRE Greenfield Court, 1040 Fifth Avenue Pittsburgh, PA 15219 Your house at 319 7th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $70,962.30 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE against you. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE OF OWNER'S RIGHTS 07-1291 I? 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be fled by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. r LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-1291 07-1291 or Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1740. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL that certain piece or lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of E.J. Walker, Professional Engineer, dated October 21, 1969, as follows, to wit: BEGINNING at a point on the Northwesterly side of Seventh Street, said point being 219.7 feet Southwest of the Westerly corner of Bridge and Seventh Streets, said point also being the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along Seventh Street South 38 degrees 15 minutes West 20 feet to a point opposite the center of a partition wall separating the dwelling hereon from dwelling known as No. 321 Seventh Street; thence along the same and passing through the center of said partition wall North 51 degrees 45 minutes West 105 feet to the Southeast line of a 10 feet wide alley; thence along said alley North 38 degrees 15 minutes East 20 feet to the aforesaid dividing line between Lots Nos. 7 and 8; thence along the same South 51 degrees 45 minutes East 105 to the point and place of BEGINNING. BEING the Easterly twenty (20) feet of Lot No. 7 on a Plan of Lots known as "Elkwood" which Plan is recorded in Deed Book "M", Volume 5, Page 500, Cumberland County Records. As described in Deed Book L-23, Page 370 TAX PARCEL NO. 26-24-0811-316A PROPERTY ADDRESS: 319 7TH STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From RICHARD W. SMITH (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 $70,962.30 L.L. $.50 Interest FROM 4/1/07 TO DATE OF SALE AT 10.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $140.32 Other Costs Plaintiff Paid Date: AUGUST 29, 2007 s R. Long, Prothonotary (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 TRUE COPY FROM RECORD •n Todli m y whereat. ? here firm set and' f8111 said at gcllste. ? im floe W'Of honatary Real Estate Sale # 60 On September 5, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 319 7th Street, 00- New Cumberland, more fully described on Exhibit "A" ? ava filed with this writ and by this reference incorporated herein. Date: September 5, 2007 By? SNV? c? Real Estate Sergeant 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, 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. Lisa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 26 day of October, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL Z&TATZ &UX NO. 60 Writ No. 2007-1291 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series 2004-R1 l Under the Pooling and Servicing Agreement Dated as of December 1, 2004, Without Recourse vs. Richard W. Smith Atty.: Joseph Goldbeck DESCRIPTION ALL that certain piece or lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described in accor- dance with survey of E.J. Walker, Professional Engineer, dated October 21, 1969, as follows, to wit: BEGINNING at a point on the Northwesterly side of Seventh Street, said point being 219.7 feet Southwest of the Westerly corner of Bridge and Seventh Streets, said point also being the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along Seventh Street South 38 degrees 15 minutes West 20 feet to a point opposite the center of a partition wau separating the dwelling hereon from dwelling known as No. 321 Seventh Street; thence along the same and passing through the center of said partition wall North 51 degrees 45 minutes West 105 feet to the Southeast line of a 10 feet wide alley; thence along said alley North 38 degrees 15 min- utes East 20 feet to the aforesaid dividing line between Lots Nos. 7 and 8; thence along the same South 51 degrees 45 minutes East 105 to the point and place of BEGINNING. BEING the Easterly twenty (20) feet of Lot No.7 on a Plan of Lots known as "Elkwood" which Plan is recorded in Deed Book "M", Volume 5, Page 500, Cumberland County Records. As described in Deed Book L-23, Page 370. TAX PARCEL NO. 26-24-0811- 316A. PROPERTY ADDRESS: 319 7TH STREET, NEW CUMBERLAND, PA 17070.. _ __......_,.......,...a_ W _ ?. _». The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4tPatriot News Now you know CARLISLE PA 17013 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 r. ... ........ Sworn to a d scribed b r me this 30 day of November, 2007 A.D. Notary Public 4, COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Clads, Notary Public City Of Harm. Dauphin County My Comma Omoires June 2, 2008 Member, Pennsylvania Assodatlon of Notaries ?: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff 4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH 319 7th Street New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-1291 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. MICHA L T. MCKEEV R, ESQUIRE O C7 CC C_. rt, -'? `yam.t -Ti CA En -? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. RICHARD W. SMITH 319 7th Street New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-1291 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: only. Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs - 009? MICH L T. McKEEVER, ESQUIRE n ? C ? G ? N C ra c°ss G ON ca 9A A33- g- it,4