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HomeMy WebLinkAbout07-1672GOLDBECK 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. BARBARA BUSTERNA Mortgagor and Real Owner 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant 07 - 7 - C« Z ?-T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MOiRTQAGf- RIJRFCI.OSURl 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 `NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiona,,eoldbecklaw 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-1794. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is BARBARA BUSTERNA, 4603 N. Clearview Drive, Camp Hill, PA 17011, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 17, 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 1872, Page 424. 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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 April 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 ..................................................... ....$71,629.84 Interest from 03/01/2006 through 03/31/2007 at 7.3000% .......................$5,749.91 Per Diem interest rate at $14.52 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,581.49 Late Charges from 04/01/2006 to 03/31/2007 .............................................$386.78 Monthly late charge amount at $0.00 Costs of suit and Title Search ......................................................................$900.00 Additional Late Charges ...........................................................................$4,344.93 Recoverable Balance ....................................................................................$155.00 Suspense ..................................................................................................... -$552.25 Fees ..............................................................................................................$106.00 Monthly Escrow amount $188.85 $86,301.70 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in 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 $86,301.70, together with interest at the rate of $14.52, 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: GO BEC McCAFFERTY & McKEEVER BY: SEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, as the representative of the Plaintiff corporation within named do hereby verify that am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: '??' Z-6 ? T MORTGAGE CORPORATION E..XehibitA ALL THAT CERTAIN piece or parcel of land situate in the Township of County of Cumberland and State of Pennsylvania, and more u men, ? Serve and described in accordance with a survey by Gerrit J. am;x, R inter' d bounded dated Ort:ober 8, 1973. as follows: Metered Surveyor, BMINNIM at a point on the Northern ling of Clearview Drive, at the dividing line bebwftn Lots 18 and 19, HlOCk A, Clearview Fang, said point being referenced Westwardly from they Northeast intersection of Clearview Drive and Mestnutr Avenue, a distance of 58.48 feet; thence westwardly alonQ ?ha northern line of clearviQw'Drivat on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a line-between Lots 19 and 20 on said plane thence along said d point v dingt ineiNorth 9 degrees 54 minutes East, a distance of 122.42 feet to a point= thence north 88 degrees 55 minutes Fast a distance of 77.26 feet to a point on the western line of L*t. No. 17 on, said plan, thence along the same South 38 degrees 34 minutes Fast: a distance of 15 feet to a point at the dividing line 27 et5ween Lots Nos. 18 and 19 on said plan; thence along same, South 24 Degrees 39 minutes West a distance of 142.95 feet to a point on the northern line of Clearview Drive, t:ho place of Beginning. BEING Lot- no. 19, pock A in the ;Plan of lots of •C.lea?view Farms, recorded in Plan Book at page 13, Cumberland County records. E..x.hibit B 1 P.O. Box 11000 MORTGAGE SERVICES SaataAaa,CA 92711-1000 November 03, 2006 (IBWNKZZS BARBARA BUSTERNA 4603 N CLEARVIEW DR CAMP HILL, PA 17011-4015 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para infonnaci6n en espailol llame a su prestamista. STATEMENTS OF POLICY Loan Number: 0079934701 Property Address: 4603 N CLEARVIEW DR, CAMP HILL PA, 17011 Original Leader: AMC Mortgage Servim. Inc. Current LeadufServicer: 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 ATTEPUT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the morkate onyour home Is is defaalt. and the leader Intends to foreclose. Soceif c Iaformadoa about the nature of the default is provided is the attached eater. r The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save you home. This Notice explains how the program works. To see if HEMAP eau help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vow when You meet with the Coen disc Agency. The name, address and phone number of Consumer Credit Cousoelint Agencies servist Your County are listed at the end ef this Notice. N yon have any asestioss. you may call the Peamlysela Housint FInasee Agency toll free at 1-IM-342-239UPersoas with impaired hearing can call (717) 71&11f69). This Notice contains important legal information. N you have any qaestions, representatives at the Consumer Credit CosesdInp Agency may be able to help explain Ink You may also want to contact as attorney In your area. The local bar newiatloa may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 11"ORTANCIA, PUSS AFECTA SII DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION U MEDTfAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO Also doing business as Delaware AMC Mortgage Services, Inc., is the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUZDES SER ELEGIBLE PABA UN PRZSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUZDE SALVAR SII CASA DE LA PERDIDA DEL DERECHO A RZDI IIB 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 IF 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: : IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND z IF YOU MEET OTHER ELIGIBILITY RZQUIREMENTS 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 you must arrange and attend a face-to-face mating with one of the consumer credit counseling agencies listed at the end 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 yon meet with one of the consumer credit eoaarolinA agency listed at the end of this notice, the lender mar NOT take action against you for thirty (30) days after the date of this meeting =The names. addresses and teh:phoae numbers of dead consumer credit ooam!p ' for' for the ooanty in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise year lender immediately of your intentions APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set firth later in this Notice (see following pages for specific i formation about the nature of your debut) If you have teed and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you mast 511 out, sign and Sk a completed Homeowner's Emergency Assistance Program Application with one of the desigaded 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 yon 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 IF YOU DO NOT FOLLOW THE OTHER TIM PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fonds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, so foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. Yea will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. November 03, 2006 Loan Number: 0079834701 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 filed bankruptcy you can AM apply for Emergmcy Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brian it as to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 4603 N CLEARVIEW DR, CAMP HILL, PA 17011 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: 04/01/06 thru 11/01106 at $689.32 per month Monthly Payments phis late charge or other fees: 55591.75 Total Amount to Care Default: 55591.75 B. YOU HAVE FAMED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -Yon may core the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5591.75 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments most 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, Spite #100 Orange, CA 92868 You can care any other defsa t 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 inteads to eurelse its ri" to accelerate the 0""gge 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 foil payment of the total amount past doe is not made within THIRTY (30) DAYS, the leader also intends to instruct its attorneys to start legal action to foredow upon your port g pnwm• 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 can to its attorneys, but you care the delinquency before the leader begins legal proceedings against you, you will still be required to pay the reasonable attwaey's fees that were 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 attoraey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. H you care the default within the THIRTY (30) DAY period, you will not be required to pay attonei's fees. OTHER LENDER REMEDIES - The leader may also we you personally for the unpaid principal balance and all other sums doe under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - Ifyoa have not cared the default within, the THIRTY (30) DAY period and foreclosure proceedings have began, yon sL have the rjgh to care & default and prevent the sale at any time up to one hoar before the Sheriffs Sale. You, may do so by Payinx the total amount then past doe. Plus any late or other charges then due. reasonable attorneys fees and costs connected with the perform ft W OthOfrements under the mort M Caring your default it the manner set forth is this notice will restore year mortgage to the same position as if you had never deinked. 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 seat to you before the sale. Of coarse, the amount needed to care the default will increase the longer you wait. Yon 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 Ana. CA 92711-1000 Phoae Number 000430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - Yon 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 is the property after the Sheriff a Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the leader at any time. ASSUMPTION OF MORTGAGE - You _ may or X 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 rcgairemema 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. : 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) s TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, T 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: 0079834701 Mailed by 1st Class Mail aid by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranathn 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PIMA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 -A IMM2- O C7 ' TI 13 `J rC" DEUTSCHE BANK NATIONAL TRUST : TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 07-1672 - CIVIL TERM CIVIL ACTION - MORTAGE FORECLOSURE V. BARBARA BUSTERNA, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Barbara Bursterna, by and through her attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who answers Plaintiff's Complaint as follows: 1. Admitted in Part and Denied in Part. It is admitted that Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under Pooling and Servicing Agreement Dated As of August 1, 2004, Without Recourse is the named Plaintiff however Defendant is without knowledge or information sufficient as to form a belief as to the truthfulness of this averment, as it refers to parties and their agreements and decisions outside the scope of their relationship and strict proof is therefore demanded at time of trial. 2. Admitted. 3. Denied. The averments in Paragraph 3 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. By way of further argument, Defendant is without knowledge or information sufficient as to form a belief as to the truthfulness of this averment, as it refers to parties and their agreements and decisions outside the scope of their relationship. 4. Admitted. 5. Denied. The averments in Paragraph 5 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 6. Denied. The averments in Paragraph 6 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 7. Denied. The averments in Paragraph 7 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 8. Denied. The averments in Paragraph 8 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 9. Denied. The averments in Paragraph 9 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. By way of further argument, Defendant is without knowledge or information sufficient as to form a belief as to the truthfulness of this averment, as it refers to parties and their agreements and decisions outside the scope of their relationship. By way of further answer, Defendant did have a face to face meeting with the Pennsylvania Housing Finance Agency within the required time. WHEREFORE, Defendant, Barbara Busterna, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in her favor. Respectfully Submitted, Dated: :4 tgol 0 By: Mi ael U-SayKb'sh, Esquire I. # 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I, Barbara Bustema, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Barbara Busterna DEUTSCHE BANK NATIONAL TRUST : TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff V. BARBARA BUSTERNA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 07-1672 - CIVIL TERM CIVIL ACTION - MORTAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER TO PLAINTIFF'S COMPLAINT, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Dated: 4130110-7 Respectfully S itted, By: e??Wll - Mi a . Pykosh, Esquire 1. 124 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff dN - ' C 5"t SHERIFF'S RETURN - REGULAR CASE NO: 2007-01672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS BUSTERNA BARBARA TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BUSTERNA BARBARA DEFENDANT the , at 2045:00 HOURS, on the 29th day of March , 2007 at 4603 N CLEARVIEW DRIVE CAMP HILL, PA 17011 by handing to RYAN HARCLERODE ADULT IN CHARGE 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: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 4)61 (? __ ? 39.52 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 03/30/2007 GOLDBECK MCCAFFERTY MCKEEVER By: _---r day Dep She iff , A. D. was served upon GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE (hereinafter "Plaintiff"). 2. Defendant is BARBARA BUSTERNA (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on March 27, 2007. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer, which does raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibits 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 THOMAS I. PULED, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: Thomas I. Puleo, 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-1672 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OmmAnVo being duly sworn according to law, deposes and says: 1. I am the or laser. GAisri 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, BARBARA BUSTERNA, made, executed and delivered a Mortgage upon the premises, 4603 N. Clearview Drive, Camp Hill, PA 17011, on June 17, 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 April 01, 2006 and each month thereafter are due and unpaid. At no time from April 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". The date of the postmark on the Notice was the same as the date of the Notice. The Defendant had the required face to face meeting within the required time and Plaintiff has been advised that the Defendant filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendant' application has been rejected. ,, 7. The amounts due and owing on the mortgage in question as of June 8, 2007 are as follows: Principal Balance Interest from 03/01/2006 through 06/08/2007 Reasonable Attorney's Fee at 5% of Principal Balance Late Charges Costs of suit and Title Search Prepayment Penalty Escrow Brokers Price Opinion Suspense Property Inspections $71,629.84 $8,241.90 $3,581.49 $581.43 $900.00 $760.38 $4,620.82 $105.00 ($552.25) $22.00 $89,890.61 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me thi L day: By: Amer°iquest Mortgage 0024M M as Attorney of G ,2007: in Fact by its authorised A4=t AW Mortgage Services Ins. conlRdWon • 17442 0 POMP luibMc • CaMlonOo Son Im,xv Na Coumy . i*Cotnn?. bpMoa MoN b. ZOl 1 om?t r 0 ?* ft - folool 3 no# GOLDBECK McCAFFERTY & MCKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagor and Real Owner of the real property located at 4603 N. Clearview Drive, Camp Hill, PA 17011 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer. Plaintiff now moves for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. II. LEGAL ARGUMENT Summaryjudgment is governed by Pa.R.C.P. 1035.1 et. sea., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendant's Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendant admits paragraph 1 in part, 2 and 4 of the Complaint, the making, execution, delivery and the legal discription of the Property. Defendant denies paragraph 1 in part of the Complaint the identities of the parties. However, Plaintiff is the assignee of the mortgage and the party entitled to bring this action. In paragraph 3 of the Answer, Defendant denies for lack of knowledge the execution and non- assignment of the mortgage and the mortgage recording information. The execution and non-assignment of the mortgage, the recording information and the legal description of the Property are matters of public record and may not be denied for lack of knowledge. See, Goodrich vs. Amram 2d, Section 1029(c): 1 at p.p. 279-80. Accordingly, said lack of knowledge denials constitute admissions. Moreover, there is absolutely no requirement that a mortgage document be attached to the Complaint. See, Pa.R.C.P. 1019(g). Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendant denies these specific averments as well as the remaining paragraphs of the Complaint by stating that these averments are "conclusions of law" making a response unnecessary, or in the alternative as a general denial. Pa.R.C.P. 1029(c) requires Defendant to dispute Plaintiffs allegations with some specificity. Defendant has not done so. Defendants deny that the amounts claimed due and unpaid are accurate. Defendant answers these specific averments by stating that he has made payments since July 1991. It should be very easy for Defendant to specifically prove that the mortgage account is current. He simply has to attach to his response to this motion copies of cancelled checks for the period from July 1991 to date (July 2007). Defendant makes no specific response whatsoever regarding Defendants' failure to tender monthly payments or the amounts due and owing. Defendant cannot simply invoke Pa. R.C.P. 1029(c) when Defendant, as well as Plaintiff, has knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of her own mortgage account, Defendants are deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust CompM vs. Strausser and Perlberger, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel, 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, Plaintiff respectfully suggests this Honorable Court should conclude, based upon the deemed admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant has never offered the total amount necessary to reinstate the mortgage. Since this is a conventional loan, Plaintiff is under no legal duty to accept less than the full arrears unless settlement negotiations led to a new contract. Once the entire loan is accelerated, partial payments cannot cure the default. The Ministers and Missionaries Benefit Board, etc. vs. Goldsworthy, 385 A.2d 358 (Pa. Super. 1977). Defendants' general denials that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank, 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar Inc 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Defendant denies paragraph 7 the conclusions of law to which no response is necessary. By way of further response, the purchase price of the property by Plaintiff should be deemed to include Plaintiff's "credit bid" in the amount of its foreclosure judgment. Further, the letter attached to Defendants' Exceptions specifically states "The analysis included is based on the condition of the property prior to the mold occurrence approximately 3 years ago". As such, Plaintiff submits that the analysis of the value of the property is inflated. Defendant generally denies paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in person am judgment) against the Defendants in this action but reserves its right to bring a separate action to establish that right, if such right exists. If 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. Defendant moves on to deny paragraph 9 of the Complaint regarding Plaintiff's compliance with Act 91 of 1983. This denial is insufficient. Plaintiff complied with Act 91, averred that fact in its Complaint, verified that fact under penalty of perjury on two occasions and attached copies of the Act 91 Notice to its Complaint. The required Act 91 Notice was sent by Plaintiff on November 03, 2006 (See, Exhibit A of Complaint). The law only requires that the Act 91 Notice be sent and not necessarily received. See 35 P.S. 1680.403(c)(a). Although Defendant responds that she did have a face to face meeting with the Pennsylvania Housing Finance Agency, their application was nonetheless denied, thus allowing Plaintiff to proceed with this action. A copy of the denial letter is attached hereto as Exhibit "F". III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendants cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendant's answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiffs Complaint. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER BY: THOMAS I. PULED, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Assignment of Mortgage E. Note ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 F. PHFA denial letter EXHIBIT " 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 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Real Owner 4603 N. Clearview Drive Camp Hill, PA 17011 Plaintiff Defendant Term No. CIVIL ACTION: MORTQAC F° ECLOASUPRF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@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-1794. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST FT QUEST MORTGAGE SECURITIES, INC., ASSET-BACKE RIES 2004-R8, UNDER THE POOLING AND SERVICING AGR I AUGUST 1, 2004, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is BARBARA BUSTERNA, 4603 N. Clearview Drive, Camp Hill, PA 17011, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 17, 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 1872, Page 424. 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real parry 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 April 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 ....................................................................................$71,629.84 Interest from 03/01/2006 through 03/31/2007 at 7.3000% .......................$5,749.91 Per Diem interest rate at $14.52 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,581.49 Late Charges from 04/01/2006 to 03/31/2007 .............................................$386.78 Monthly late charge amount at $0.00 Costs of suit and Title Search ......................................................................$900.00 Additional Late Charges ...........................................................................$4,344.93 Recoverable Balance ....................................................................................$155.00 Suspense ..................................................................................................... -$552.25 Fees ..............................................................................................................$106.00 Monthly Escrow amount $188.85 $86,301.70 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in 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 $86,301.70, together with interest at the rate of $14.52, 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: GO BEC McCAFFERTY & McKEEVER BY: SEPH A. GOLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, N--"L-k7- "61 as the representative of the Plaintiff corporation within named do hereby verify that 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: :" Z -(e -6 MORTGAGE CORPORATION (E)CI i6it ? ALL THAT CERTAIN piece or parcel of land situate in the ship of Hamden, County of CwWoerland and State of F+ennsylvani,a, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Re?iietered surveyor, dated October 8, 1973E as follows; BAGINNIM at a point on the Northern line of Cleafvi.ew Drive, at the dividirk5 line betWeeen Lots L8 and 19, Block As Cioarview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance of 58.48 feet; thence westwardly along tha northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a point at•the dividing lime-between Lots 19 and 20 on said plan; thence along said dividing line North 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence rkvrth 86 degrees 55 minutes Fast a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plank; thence along the same South 38-degrees 34 minutes East a distance of 15 feet to a point at the dividing line b etween Lots Nos. 18 and 19 on said plan; thence along saw South 24 Degrees 39 minutes west a distance of 142.95 feet to a point on the norttern line of Clearvi.ew Dri.va, tho place of Beginning, BEING Lot. no. 19, W=k A in the Plan of lots of •Clea:vi.ew Farms, recorded in Plan Book s, page 13, Cumberland County records. Cxhibit ? 1 1 1 AMC P.O. Box 11000 MORTGAGE SERVICES Santa Ana. CA 92711-1000 November 03, 2006 #BWNKZZS BARBARA BUSTERNA 4603 N CLEARVIEW DR CAMP HILL, PA 17011-4015 II11'I'111"I111111'If 11I I1111II?It1111?It?lll?flt1111'/I111'I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica comp los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacion en espadol Ilame a su prestamista. STATEMENTS OF POLICY Loan Number: 0079834701 Property Address: 4603 N CLEARVIEW DR, CAMP HILL PA, 17011 Original Lender: AMC Mortgage Services, Inc. Current Leader/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 notice that the mortgage on your home is in default. and the leader intends to foreclose. Specific information about the nature of the default is provided in the attached pates. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the protram worlts. To we if HEMAP can belp. you mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Co¦aselint Agency. The name, address sad phone number of Consumer Credit Counseliat Amencies servint your County are listed at the end of this Notice. If you have any uaestions, you may call the Pennsylvania Housiat Finance Agency toil free at 1-800 342-2397.(Persons with impaired beariat can call (717) 780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it, You may also want to contact an attorney in your area. The local bar association may be able to help you Had a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IIYIPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IPIMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO E094)"""-0` 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 LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUZDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU 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 IF 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, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND z 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. During that time you mast arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end 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 agency listed at the and of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the cenotX in which the pmQerty is located are set forth at the end of this Notice. It is only necessary to schedule one fact-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 financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application 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 IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds 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 yon have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. November 03, 2006 Loan Number: 0079834701 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it no to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 4603 N CLEARVIEW DR, CAMP HILL, PA 17011 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: 04/01/06 thru 11/01/06 at $689.32 per month Monthly Payments plus late charge or other fees: $5591.75 Total Amount to Care Default: $5591.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use Knot applicable): N/A HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5591.75 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments most 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 9100 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 ID YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise its rights to accelerate the mortgan 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 full 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 uM j"r mortgaged pvwd- 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 care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were 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 ran care the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sae you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have began, rn still have the rigbi in core the default and prevent the sale at any time up to one hoar before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as spegWed in writing by the lender and by VIDW aMa "donning M other requirements under the mortaM Caring your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never 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 lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 800-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFFS 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X 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. z 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) s 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 Ifyon 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: 0079834701 Mailed by lot Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 "AMO"12-p{ EXHIBIT is to ti DEUTSCHE BANK NATIONAL TRUST : TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff V. BARBARA BUSTERNA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 07-1672 - CIVIL TERM CIVIL ACTION - MORTAGE FORECLOSURE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT ti :. J AND NOW, comes the Defendant, Barbara Bursterna, by and through her attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who answers Plaintiff's Complaint as follows: 1. Admitted in Part and Denied in Part. It is admitted that Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under Pooling and Servicing Agreement Dated As of August 1, 2004, Without Recourse is the named Plaintiff however Defendant is without knowledge or information sufficient as to form a belief as to the truthfulness of this averment, as it refers to parties and their agreements and decisions outside the scope of their relationship and strict proof is therefore demanded at time of trial. 2. Admitted. 3. Denied. The averments in Paragraph 3 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. By way of further argument, Defendant is without knowledge or information sufficient as to form a belief as to the truthfulness of this averment, as it refers to parties and their agreements and decisions outside the scope of their relationship. 4. Admitted. 5. Denied. The averments in Paragraph 5 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 6. Denied. The averments in Paragraph 6 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 7. Denied. The averments in Paragraph 7 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 8. Denied. The averments in Paragraph 8 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 9. Denied. The averments in Paragraph 9 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. By way of further argument, Defendant is without knowledge or information sufficient as to form a belief as to the truthfulness of this averment, as it refers to parties and their agreements and decisions outside the scope of their relationship. By way of further answer, Defendant did have a face to face meeting with the Pennsylvania Housing Finance Agency within the required time. WHEREFORE, Defendant, Barbara Busterna, respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and enter judgment in her favor. Respectfully Submitted, Dated: 1 41 By: Mi ael U-J;LyMsh, Esquire 1.94 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff 1"EXHIBIT `• 0 prepared By: Amer iquest Mortgage Company Return To: Charia Anderson Amerignest Mortgage CcaPanY 10600 -Akita Rock Road, Suite P.O. Box 11507, -400-14,Ranaho Cordova, CA 95670 Santa Ana, Ca 92711 Parcel Number: 123 PPwAban'I & Live ForReeorduq DMal MORTGAGE DEFRiMONS Words used is multiple sections of this document are defied below and other words are defined in Sections 3,11,13,18, 20 and 21. Certain ralm regarding the usage of words used in this document are also provided in Section 16. -(%) "Security iaatraaeat" means this docuument, which is dated ane 17 , 2004 together with all Riders to this document. (i} "Borrower" is Borrower is the mortgagor under this Security hummmut. (C) "Lender" is Anarigmat blortgaye C=Waw PEWSBYLVANA - Stage FaeY - Fwmle UnWaddle Use UNIFORM WMTRtnMWr Form 3x18 iM 06/17/2004 3:43:34 0079834701-7396 A r.s.+oria ,1 w 01s1, ?o+ of WHI v/wv rraa?s. sokrm.lroolewae? Lendel is a corporation organised and c dating under the laws of Delaware Lende's address is 1100 Town and Country Road, Suite 200 Orange, CA 92668 Leader is the mortgagee undw bb Security In*t M=t. (D) "Note" means the promissory note signed by Borrower and dated suwa 17, 2004 The Note states that Borrower owes Lender sevwwty-three thousand and 00/100 Dollars (CJ.S. t 73,000.00 ) phas interest. Borg wee has promised to pay thls debt in regular Periodic Payments and to pay the debt in full not later than Oily 1, 2034 QL) "Property" mans the property that is descn'bod below under the heading "'I =for of Rights in the Property'." (F) "Loan" means the debt evidenced by the Note, plus iaabel 4 any prepayment dwges and late charges due under the Note, and all sums due under this Security InsbumaK plus interest. (G) "Riders" means ail Rides to this Security lnsbument that are executed by Borrower. The following Riders am to be executed by Borrower (dweclc box as applicable]: Aoist able Rate Rider Condominium Rider Sexo id Homo Rider Balloon Rider Planned Unit Development Rider I-4 Family Rider PVARkler PBwteklyPqmcntR:kIcr Other(s) [specify] (?? "Acable Law" means all controlling le federal, stabs and local statutes, tlab'ass, ordlosncenppli a d gales and orders (? the effect of law) as well as all app ' lea Seal, (?an Association Does, Fees, and Assessments meatus all duos, fees, assessments and other (1) an that am imposed •on Borrower or the Property by a condominium association, homeowners similar Tmader" mans any hansler of funds, other than a transaction originated by check, (J) "l oule fiudso drab, or similar paper instrument, which is Initiated ftonA an eI -tronlc terminal, instrame-, eb su1 computer, or magnetic tspo so as to order, hattuct, or antlimiza a financial institution to dit at credit aexou?. Such tam in dudes, but is not limited to, point of-sale trandept automated teller machine teae>saeFiom, transfers ioitisted by telephone, w= transfers, and automated cleaumghouea transfacs. ">Rwerow Itesma" mesas those items flat are described in Section S. L?'TAIlseellsawn Proceeds" means any conVensation, settlawrit, awerd of damage,err pr ddd proceeds paid under the coverages deaxibed in Section S?for p(i) by nay third pasty (other than iasararuce damage to3 _ at dostrvw as of, the Fmpert T C11) condemsedon or d> m taking of all or day pact of the Property, (fit) danvoyance in lieu of oonde?on; or (iv) 4 or canissidxha as to, the value andlor condition of the Property. out dneen AVAPA pda) p,e.2orde Fonn 3038 1101 0079834701-7396 o ?? 06/17/2004 3:43:34 I?Mlq VI="Me' Iuwrancd' means iamum w protecting Leader against the nonpayment of, or default on, (N)"Pniodk Payssest" moans the regala<ly scheduled amount due for (i) principal and interest under the btrument. N nay amomm nndar Section 3 oTft emit 0?" meson the Real Fatme settlement procedures Act (12 U.S.C. Section 2601 at seq.) and its ?plementing Ragnhuio a X (24 C.P.R. Part 3300) a thry night be amended fmm time to time. of OR or successor lagbWon or regulation that Vverss flue same subject matter. As used in this Yostr m? TWA" relnrs to all requb mains and r acicdons that ate imposed in regard to a Security related mortgage loam" even if the Loan does not qualify as a "federally related mortgage loan" under A. (Y) "Snecaaaor is Infest of Borrower" meson any patty that has taken title to the Property, whether or not that party has assumed Ben wanes obligations under the Now and/or this Security lnatnmuent. TRANSFER OF RIaM IN THE PROPERTY Thu Seauity Insinmma t secures to Lender: Of the repayment of the Loan, and all renewals, vabenswas and modiOa dons of the Note; and (hi) the perPamaace of Bwowa's rromo nts and agrennenta under this Security bstnurmnt and the Note. For this purpose, Borrower don hereby mortgage, grant and convey to Lander the following desw*wd property located in the County rrypp o[Reoadms lsb& dA Of C&NOWEAW IN-ofRWW'" r Jarisdaiml: Legal Description Attached Hereto and Made a Part Hereof. which cunendy has the address of 4603 N Cloarviaw Dr ISureq '.Cusp Hill [CRyj, Pennsylvania 17011 [Zip CO&4 C Propety Addres wy. IN- AMaPA pent) Pop 3 of is Form 3039 1101 06/17/2004 3:43:34 0079834701-7396 ® 00e000;9834MiFW- TOGETMR VMM aU the ' ants now or hereafter erected on the d, and all m appurtenances, end fixtures now or a pact of the All reply addidans shall. also, bo covered by this Security Instrument. All of die forego s re ed to in this Security Instrument as the ?OWER COVBNAKM that Borrower is Iawbolly seised of the estate hereby wave d and bas to =I convey Ow Property end 69 the Property is ummumbered, except for die -eacumbraum Borrower war and wi defend generally tlu title to the Prop" against all claims and dem sabjed ncumbrances of record M W&%: M rumbas uniform covenants for national use and non-w38orm covenants with limited variations by Jurisdiction to constitute a uniform security hu;tr mient covering real ` UkarORM COVENANTS. Borrower and Lender covenant and agree as failvws: 1. of Principak Interest, Fscrow Iteass, per t Charzes, and Late Charges. spay ? due the pdncipai an Note - on, IM debt ovidetibed and by Zh?i?w Iii pucsumt to Section 3. Payments under the Note and this Secm* Instrument d all be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this psymen Tml Is carnemt retained to Lender raid, Leader may require that any at all. subsequent ts d the Note and this SacmiLy l astrunmot be made in use or more of to followlag as selected by Leader: (a) W - - (c) certMied check back cbeckt tun's check or wes chick arva upon an insti?ian whose deposits are insured by a federal agency, , or ca ft or (d) Bhxtronic Funds T'ianshr. Payments are deemed received by Lander when received at the location de:sgaated is tha Note or at such other location as maybe designated by Lender In adcacdenrc with the no" provisions in Section 15. Lender may rdnm any ypa meet err pecW payment it the payment or pastW are Lmaffiicient to bring the Loam currant. Lender may accept airy pigment or pact W to bring the Loan emrent, without waiver of any herd or Tiodice to its to to rafuse nub paymaat or partial such are in the Mae, but is not ob toa??y such at the lima er accepted. H each Periodic Payment is qppHed of its aclheduled duetbm Lender need not payinterest on finder. Lender may hold en a: atppllesd ftiods omit Boerowermakes paymeamt to bring the Lam anraat f Borrower does not do so within a resionable period of time, Lender alrail either apply inch fiends or return them to Borrower. N not applied esrliw, such fiends will be applied to the antsgndiog pdacipal balance ender the Note immediately to foireelosorL No oi6et or elamt which Borrower have D" at in l be aura a? Lender"rellave BoirUWW trmr malting dace under the Note and this Security Imfcumad or pe:ibaariog the covenants and agreements security Instrument. 2. Appliendon of Pa to or Woe veds. as otherwise de sorflod in this Section 2, all paiymemts sccaptd acid dun under Leader shat! be ain the following of j= (a) Intereg due under the Nola; ) tba N (c F nts due under Section 3. payments shall be onla to became *4 to =Zoplacipa web ?seco the any other amo ? i ntsh doa under ? Security I auumetit, and then bender receives a payment 5vm Burrower for a delingennt Periodic PAym?t which inclades a t and the sat5elent amount to pay any lEdw Mp*rments hepayment may bea a ny to the paymen ram han is L er m > hr any payment received from to the reprym rho encha nt &_ each payment can be paid in Wft ANNA (MI) P8040FN Form 30311 1101 0079834701-7396 06/17/2004 3:43:34 • a a of or' nu :y 0 0 WL To the extent Wat any excess wrists after the payment is applied to do tWl payment of one or more Periodic Payments, such encase may be applied to any tote charges due. Voluntary prepayments shall be applied fast to any precpayment a and Wei as described in the Note. Any ?QW t6on of paym?ts, ina?nmoe prooneds, or MisoWleaeous Ptomm s to p due wider the Note shall not elder or postpone the doe dakte, or &Mn e' die amount, of the Periodic P enter. 3. Youds for Fserow Ussos. Borrower siasil pay to Leakier on the day Periodic pay use due under the Note, until Wo Nola is paid in furl, a sum (the "Farads") to provide ! payment of amounts doe for. (a) taxes and assessments and other items which can attain priority error this Security Instrument as a ban or g Acumbraaoe an We Property, (b) leaseiwld payn ass or ground rents on the Property, if our, (c) Ia'eenk for any and A regaased by header under section 5; and (d) Mortgage Insurance praniume, V any, or any swan pay?b by Borrower to Lender in ilea of the payment of Moatgaga Insurance prembans in accordance wIm dw croov of Section 10. These bun are called "Escrow Items." At origination or at any times the Team of the Loam, Leader may require that Community Association Danes, fees, end Ash, i[ any, be eactoared by BoQ yea. end such dues, flees and assessments shall be as Escrow Item. Borrower shall paempdy llruish to Lander all noticea of amounts m be paid under Us Section. Borrower shall pay Lender the Farads for Escrow Items unless Lender waives Bosrowa's abliption to pay the Fan& for any or all Escrow Items. Lender may waive Borrowff% obligation to pay to Leader Fns for any or all Escrow Items at any time. Any such waiver may only be in writing. la the event of such waiver, Bormwer shalt pay dhediy, when and where payable, Use amsoonta due for any Escrow items fakr which of Ands has been waived by Lender aadi if Lander requires, shall hmbb to Lander receipts such payment within such time ?i ?as Leader may require. Borrower's obligation to make :arch and to provide receipts doll faall purposes be deemed to be a covenant and agraenent this Sac ufsy Iaahumeat, as tine phrase "covenant and agreamo is need in Section 9. If Borrower is obligated to pay Escrow Items ?par>tuartt to a wa, and Borrawar fills to pay the amount due for an Escrow Item, Lander mad its rights under Section 9 and pay each amount and Borrower Shan then be =uader Section 9 to repay to Leander any such amount. Lander may revoke the waiver as to any err all hems at a" time by a notice given in accordance with Section 15 and, upon such aovoua don, Boaoww shall pay to Lender iii F nds, and in such amounts, that are them required under this Section 3. Leads may, at any time, collect and hold Famds in an amount (a) surftieat to pewit Lender to apply t]p Funds at the time Neater under RESPA. and (b) not to oweed the mmdmum amount a leader can r"Ote under RESPA. L shall estimaEe the amount of Funds dare an the basis of current data and reasonable estimates of cipeaditares of iWnre Escrow Items or othawisc in accordance with Applicable Law. The Fonds 64 be held in an ineddation whose deposits are insured by a fedaral imsentsliry, or entity OwkK irg Lanlar, if Lender is an is cn whose de?oahs are so fosmre or any Federal Saw Loan Bank. Leader d a apphy tia Funds to pay the Bseaew Items no inter than the time specified under RESFA. Lander shat not charge Harrower for holding and appbW the Funds, annually &a eexow account, or veftlog the Escrow Items, ulW= Loader pays Badrower interact on the Applkabb law permits Larder to make such a charge. Unless an agrees 'is made in writing at Applicable law rKpires interest hftred or earninp an *a Funds. Borrower and Lender an the m can Leaft agreein no be to Mr Borrower y wrhimg.) 1W interest shall be wm AMBPA gmri1 roped" Fora 3W 1101 0079834701-7396 co 06/17/2004 3:43:34 oil; • o aoa II paid m the Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds as regained by ]iBSPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower fx the areas farads in accordance with RESPA. If time is a shortage of Fuoda hdd in escrow, as defined under RBSPA, Lender shall notify Borrower as regrind by RBSPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 madhly payments. N theca is a defidwcy of Reds held In escrow, as defined under RESPA. Lander shall payments. necessary to umrdce up notify Borrower a required by RMA, and Borrower doll pay ft deficiency in accordance with RWA, but In no mot than 12 to Leader the amount Upon payment infirm of all suns seemed by this Security lnslrumea4 Lender shall promptly refund to Borrower sty Finds held by Leader. 4. Charges; Liars. Borrower shall pay all taxes, assessments, charges, fines, and impositions pmibntable to the Property which can attain priority over this Security , leasehold payments or ground reds on the PwForty, if say, and Community Association Deus, Fees, and Assessments, if any. To the clout that thhase items are Farrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shell pronptl discharge any hies which has priority over this Security Instrtmmmt unless Borrower (a) agta,, in w king to the payment of this obligation second by the !must to a manner acne-netts to Lender but only ro long as Borrower is such ate; (b) eontats the lien in good #ar0? by, or defends against enizee net of the lien which in Landers opinion operate to prevent proceedings are pending, but only until aeon Ix r t 0 dhog I are the eatorceaned of the lien wlhile those concluded; at (e) am= from the holds of the lira an saint satisfy to bender subordinating the lion to this Seaarhy lostrumak If Lender determines that my part of the Property is subject to a liar which eau attain pclority over this Secuuity Instrument, Lender may give Borrower a notice Idand*4ag the Han. Whin 10 days of do date on which that notice is given, Borrower shall satisfy the lien or take one or more 9(tha actions anon forth above is this Section 4. Lender may regWm Borrower to pay a onetime charge for a real estate tax verification and/or reporting service used by Leader in eonawdon with this Loan. S. Property Us uraaca Borrawa dial] keep the huptowmasb now adding or beeafier eected an the Property Insured against Loss by &e, hazards included within the tam ladeuded ooveraW and any other barards iocludmgr but not limited m, earthquakes and floods, for which Leader requires insurance. This inmurmoe atoll ba maholnad in &a a130nnb (iaclndhsg deductible levels) and for tha periods that Leader the term Ofthe 14M Mpires. What Leader Insurance carrier ? the humane Wall be chosen, by Borrower ? to l euder's right to diaquprave Borrovirer"s , which right shalh act ba acacised nocrasonabhy. Lender may require Borrower to pay, in eoaoexxion with this Loan, either: (a) a one-time cirorge for Soot zone datenmhsaticn, oeflfiarticn and tracking services, or (b) a ono-Ome charge for flood more detemination std certification services and 1 at charges each time remappings or sundae changes occur which reasonably miSM aMr.t such demon or oatillcadm Borrower shall also be responsible for the payment of sty f>es imposed by the Federal Emergency Management Agency in connection with the review of say flood zone determination resulting from an objection by Harrower. AMOPA mmi) r.r.ease Form 3039 1/01 0079834701-7396 06/17/2004 3:43:34 1 0 0 If Borrower faith ==a coverages described sbove, Leader may obtain insurance COMOM at Lcuilws expeaw Lender h ender no obUgation to purchase any psrticWar type or smoamt of coverage. Therefore, such coverage"cover Lender, but might or not beizard, protect Bartower, l3aaawer'a in the Pcop?y, or Ow contents of the Property, against say risk or and pciavide gi+ata a lamer COMM than was previously in dwt. Borrower salnrow out cat of the immrsamcs aignffigmdy aacceed the cost of musnince l?le Borrower could have obtained. Any MMWUUIM dj?Lander under this Section S shall becooma additional debt of Borrower mewed by security These amount: s&U beet' interest at the Note rate fltom the date of disbnrseme t and shall be payable, with sash lntmsk upon notice ft m Lender to Borrower payment. All bseaamoe ra WM by Leader and reoswah of such polldes shall be mbject to Landu's right to such policlai, shall hWkWe a sbaderd more chose, and dull name Leader as PeM am sdditiossi bas payee Leaden shall boothe-rfgLt to bold the policies and renewal If Leader Borrower shall gomptly give to Loader ell of laid and , far renewal notices. If Borrawerr Say form 09 WSW8nW not ?regnued Leaft dam a destruction cC the Propi such Policy d all incitide a smadud mortgage clause end shall Sule as martgagec siWor as an boa paywa In the event of lose, Borrower &di prompt nodes to the hinsamce cmmim and Leader. Lender may agroe make proof of loss if not maw b Borrower. Unlash Corder and Bon over otherr?1sa in WrkmL My isswevc a proceeds, err not the tndeat ing howeace was required by Lender, shalt be IPP&A to restorstion or repair of the Property, if the restoration or rq r is &onomk &Uy burble sad Lend s *sox* its not lessened. Dmin such repair and restoration period, Lender shall have the right to hold such proceeds until Leader has hid an op winaity to Inspect such p to eamum the work has been completed to Ledees seddhatio% provided that such hopeodea a llybe undatakan in a series of promptly. Leader any diahnrse prod for the rapdrs and restoration in a single or Program Paymen er as =work a3 oomplated. Unless an agrcoment is made in cur =a AppUcable Law tequ-imlil-, to be paid on Such irtwrsuca pcooaed:, Lends shall net be ngni<ed to ppa?yy Borrower way interest or cuniinga on such proceeds. Fees for public or other third partial, rates by Borrower rostoration at r mot notes out of the bium f -ind. adwouldsowould be le ablipillon the . ds to the Map by M 3 Lstrmw4 whetber or not then due, with Iffia excess, say, peril to Barrewer. 3uu3t imtusamoe proceeds shall be is the oakr rovided for in secdnn 2. If Bonower abandons the Property, Leader ?n a trod satle any av?ble insurance claim and rahtd matters. If Borrower dam ant respond 30 o a notice flan Loader *A the b muiaw cornier bas offired to settle a claim, then Ladder may and setae the chaiaL 11w yy period will when the notice is gives. In either event, or ? acquim the Property under Slidea 22 or ? to Leader uotto BB a =V8 uWer the ote or this istiuo and (b) ?r f ? (other thou the right ra>iusd of umeaaed? by H insurance . der of Property pa oaverlag tba Properly iuaofrrr as such rights are app icSli bbthe ceverage L as may hie the insurance prnceed's either to repair ac restore do Property or to pay smounh unodd under the Note or this SeGrity Imfrnumwt. whether or not then dear 6. Borrower ab>utl occupy, establish, and use to Property u cxMmtBwowWs inae to ? residencew?3n 60 days SRnx die execution of this leerily Iomuntat sad sbe Propedy as Borrewees priscipsl residence for at least eon yew after ?e date of oeccupaancy, uml? rr. ANWA fmi) Pap.Tdts Fong 3039 1pt 0079834701-7396 II 06!17/2004 3:43:34 r5 , ., ONE othawiae egroes in wrldag, which consent shall not be unrasouably withheld, or unless extenuating does exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protecdes of the de? Iaspedloas. Borrower small not destroy, damage or ins k the I allow the Property to or commlt waste as the f not Barraww is j =- or $alue shall maintafin the in order to pr~ ?paty from datericrathag dsxxPi?;za vahme due b be cxsndidan. U ? d ebamined parsoaat to SecBon S that repair or raatoradm Is not scoamicak-ftesw Bummer "promptly repair the Property ifdmmqpd to avoid ftdw deft iorstian or datagge. if but i or condemnation ptocec& am paid in oomeotian to, or the taking of, dw Property, or restoring tbs sty y if I,errdar has relined procaws for Such purpoaaa. 'ender may ptneceda floe the and rastmatoa in a single payment or in a sale of progrea payments as the walk is an oompletcd. If the ?ureace or won proceeds are not sufficient to repair or restore die Property, Borrows is not relieved of Borrower's obligedan for the completion of such repi& or restoration. Fender or its agent may make rese finable anWas upon and inspections of the Property. If it has remanable cause, Larder may hoped the interior of the impcovearsaft on the Property. Leader shall give Borrower notice at the time of or prior to such on interior buspectlon such mascoabk cause. L Borrower's Loan Appikation. Borrower shall be in deboltIt di** dw Loan application Borrower or my persons or indtics acting at the direction. of Barowar or widr Borrower's know ooosant eve materfew fidee, mist or ioaaluuda iosf mufim or statesnauts to Leader (or to provide Leader with matecial Owmaticritin canaectlon with the Loon Material representations include, but are not limited to, representations concerning Boma occupancy of the Property, as Borrowas pu9nei2al residence. 9. Protections of Lender's Interest in the Property sad Itidift Under this Security Instrument. if t) Borrower dulls to perform the covenants and or -, ants in ibis Se cui ty hwaunank N them a legal t migiid. ct Lender's iateroat in The ? o fghts ork fear enforcement of a Ilea (suck a a in which may attaia p?ority? &a?Insttympent or to me, laws or regnbst1w), or (c) Borrower has abandorbd the Propert?r, tbm may do and pay for whatever Is rebonabli oor Mpr?e to prated Lender's interest in due Property and rW to under this Seem* kMWMV and/or assessing to value of the Property, and sew mWor rqmiring die Marty. an but an net Ilmibed to: (a) pgft any sums secured by a lion Wldch in aua (I) PaYm$ rewsambk fees do hoe over this Security Inst uument; tb Woo' protect in the Property and/or itssecured laddon m a banictnplcy proceeding. St W the incindis, but is rot Iinmited to, inlarhug the Prop make tepalm dW ope locks, replace or up doors and windows, drato water from ellil oiL Aldrongb building or oma cods violsdoes or dangaaa s conditions, and have u?l?es tamed on or Leader may talon action under this Section 9 Leader does not have to do so and is not under any duty or obligation to do so. It is agroed that Leaderocurs no liability for not taking any or all actions aathorraid under ibis Seddon 9. amounts disbrnsed by Leader under this Section 9 shall become additional debt of Borrawar Instrument. Ilme snounfa " bow Merest *a N raw from ihe date of semi aandshall be payable, with such hdmat, upon notice fi mat to Borrower requesting Fyn If this Sammy Instrument is on a leasehold, Borrower shall cowply with all the proviaioos of the lease. If Bwower as qwm fee title to the Property, the leaschold and the fee tkle shall not merge unless Lender agrees to the merges' in wrltin& ANVA pmil Pamsais Form 3039 1101 0079834701-7396 06/1712004 3:43:34 • "NOW tins s XW ANSPAwit) wwsdis Form 3039 W 0019834701-7396 06/17/2004 3:43:34 0 M o 11 ® o MOM 0 ft ii. Assignment of ?Wneooa Proceeds; Forfeiture. All Miscellaneous Proceeds am hereby mw - bu and" be paidto Leader. If the Property is dimgvd1 such NecelLmeous Proceeds doll be lied to teatoration or repair of the WW' if the lonvi"UMM VIA epair is ec mo?alty feasible and Leader's aecnity is not beaabd. rook and restoration Lender doff have the right to hold attch l?leneous Proceeds Lander-has had an ?P? Property to sawn ** work has been completed tm a Lenders as #a a sin disieaaement or In a series of progress paytnaata as the work % Unless an sipeemm?t is m 4n wfltiog 5ft?toay la Law tetpires Interest to be p ld onsadm sM Miscellaneous Prods, Leader shall not ben$atowecmy? ith>ereat or eamithga as such Miacallsneoas Proceeds. If the restoration or not fera<lple or Laodees security would be lossead, the iecured then ?Pr?ocee01 cda?ah be, applied *to te Burrower. Such by this sg0'rocacInskumem whether or ds shall be applied in not order provided for in Section Z. Ia tbeevaat of a total talong, destruction, or loss in value of the Property, the Miscellaneous Proceed: *4 be applied to the an= sewrod by this Security Instrumaat, whether or not thud du% with the excess, if ?? Yn d o event of a partial taking, or loss in value of the Property in which the fair market the s desttuaIon, or loss im value is oval to or greater value of the Property imnaedistely b-dxede than ? amount of the am aecur*4 by Secni[y aaaptt Immediately betlore the partial taking, desuttctioa, or loss is value, >mlem Borrower and Loader othrswiset?roroee In writing, the soma aatahred by this Ucm* lastrumad seen be reduced by the amount of the Miscellaneous Proceeds muldpiied by the fivictim- (a) the total amount of the ammo secured homedindy bailee theI Isking d?,"t n, or lass in value divided by (b the t3ir madoet value of the Property inmaediafely before the partial talcmg, desteaxlat, a loan to valua bslance shall be paid to Borrower. In the event of a or loss in value of the Property In which the fair market value of the PmpaRy the deettaction, or loss is value is lose than the atnonat of the stems accrued immediately before b? tilting, deaaucdan, or 1013 in, vahua, valess Borrower sad Leader otherwise agtea In writiug, the lanaoua Proceeds shalt be applied to the sums aacared by this Security Inatrnmeat whether a not the wens are then due. Tf the Property is a6fociaacd by Borrower, or if, atlar notice by Lander to Borrower that the Oppo-ft (aa defined ht the treat sa?tanoa) offiets to malae see award m sterile s claim for duuw% Borrower to nyepand to Linder wllhln 30 Jaya tamer the dabs the notice is given, Linder is authorEzed to collect and Property or to the suams secured by hat owes Instrumook whe9mr or not t ee Party" mesas %a third party t due. tfda BqWnvwOwr . Proceeds of the party against w? au?n arrows has a right of action regard to Borrower shall be in dehok if my action or whether civil or criminal, is yew that, in LandWs jndpieud, could resultin fotM 'D of the p14O sty or addmaterial bWakment of Larch's iotetaat In the Property or rigs under this carky Fa& Bodowar on care such a default if accekcatior? has occ_u reinstate asin Section 19,!g idtna of do action or juvoseft to be matnrlal impairm of ruling Leada>+s tgorba y? Leader's interest in the Property or do" under this Security IoaatmrantTla proceeds of any award or claim for damages that are sarkianble to do haps of Ids interest is the Property are hereby assigned and shallln paid to Lends h A9WA tmi1 "P uod ie Form 3039 1101 0079834701-7396 06/17/2004 3:43:34 MI NE I ?11 All WscOmous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Iandar Not a Waiver. Extension of the time for a modification of ssaardmion of the sums secured by this Seasrk Tnstnra?ent by Lender a any Successor in Interest of Borrower shall not operate to release the flab of Borrower or any Successors in hrtwest of Borrower. Lender shall not be required to commence agaimt any Successor Interest of Bonurwer or to reihse to extend time for payment or modify amortization of the arenas secured by this Security Instrmne ut by reason of any danaad made by the original Borrower or any Successors in Interest of Borrower. Any farbew we by Leader In wwaisics any right or remedy inchadhag, without lin?tlon, Lender's acceptance of payments Erma third persona, cot or Sacxeseors Ia Interest of Borrower or in amounts lees than the amount then due, shall not be a waiver of or preclude the exercise of arty dot or 13. Joist and Several ww' ?? Successors and Alas BwmL Borrower covenants and avian that Borrewrdx'a oblfgatioas a d liability shall be joint and several. However, Borrower who title Scourky Inshw2ent but clew Root areeute the Note (a -der" x is co-signing thin Iustru sam t duacly do grant and coamy the co-signer's intn?t in the lender the terms of this F = 4 Is not personally obligated to pay Ow arenas seen :d SWM* Bonvww can or maU cdon4 Instrument; o) vr. eggard to and of?this Security Itt?t?or Note without the co-signer's any -- consent. Subject to the provisions of Section 18, any Successor in Interest ofHarrower who assumes Borrowea's obl3gsdars under this Saxnrlty Instrument in vaitim and Is ap ap ovcd bby? , " obtain arilof Bcaa?owee'a J beaefib nodes this Se Bon»w Bousowerr's and liability under this S Inahanaeat unless Lander agrees to snob release in writing. The covenants and agreements of this Security Instrument shall bind (mceept as provided in Section ?0) ana bean8t the successom and assigns of Lender. 14. Loan Charge. Lander may chargo Boavwex leas for sarvioes n in connection with Borrowees diallwlt , for the oa _ bcrt not Lender's mss. opa?y ?? va uefl n?feea? u?? of express wthtbis Sspiar7ty Iostrumo?at to ddaerge a ?c fee ?,haU trot be as a prohibftlea oa ttthhhhhheeeeee of suds he. Larder may not fees that are axpsesaly pcuhibibed by this Sedarrky? Imhva dr by 1e Law. If 1!a Loan is aurbjsat to a law whidt eels anrdnaum loan and that kw is finally h mrproted so that the iabereat dx other ban d? oollecmd or to be collected aomnecxion with the Loan exceed the pemnltted limit, urea: (a) ,nay ben chargs shall be reduced by the amount necessary to reduce the charge bo the pmatitDed lloaif; and (b) any woos already tmlteded llrom Barawx which eoeoeedied limits will be rellmded to Bomowar. Lender may drooae to mains this reibad by rododul the princ? under the NOW or by maidrg a direct ' to Bot?um If a retired reduces p , the red?on will be treated as a pntial ';2 amum eAarge whetbar err not a? pp In ender tbaBo frrvwee, of any refired made averrbarge. Hear will constitute a waiver of my right of action Borrower mi* have wising out of such 1S. Nef es. All noticesqiven by Borrower or Leaded in cowead n with this Secw* Instrument must be in writing. Any notice to BMW= in connection wbh the Security instrument shall be deeraed to have bean given to Bonower when mailed by first clue mdtih or when add delivered to Borrowea's notice address if soot by odder means. Notice to any me Harrower shall consrkute notice to all Harrowers unless M C-. 4 ANVA Run) r s. tt ar w FWM 3019 1101 0079034701-7396 ' R 06117/2004 3:43:34 ?? tt?aot i7t1 ??otherwise. The notice address shall be the Property Address osiers Bahas dew a notice address nom to Leader. Hocto??w no4ify Loader of Borrowaa ?e of address. If Lender slaffies a procedure far porting Bcrrawer'pr=ge of address, them Borrower doll only report a y? of address dnongh that speciliod pro . Thaw t only one de Wpated notice address under 11lia' Security Instrument at any me time. Any notice shall be given by It or by mulling it by first dens mail to LeakWs address sated herein unless Lender has design= address by notice to Borrower. Any notice in connection with this Security Iuah --- Cut shall net be deemed to have been given to Leader mW actually received by Lander. If any notice this 2=;88 Instrument s abm order ? Law, the Applleuble Law regeureoaamt s u ity 16. M Instrument vKer , Asks of Coasdrsefim Ibis Security buttu meat shall be ve med by federal bur the law of the J?On in which the Papery is bested. All rights and obligations oaotaiusd in We Security Instrument are subject to any ragas and limitations of A pliedble Law. atties to spree by contrail or it be site u but App? Law might or implicitly Oc w the *du- s?disilanoe shall not W condrued as a peolrtbhien sgaimt?nant by coottacr. In the event that aqy prwiid or elasse of this Security hunument or the Note with Applicable Law, such conflict shall not d1w 43f g of this Security Imtreamesrt or the Note which can be given effect: without the As axed in this Severity Instrument: (a) wads of the masculine shall men end include corm ?{? nearber wars or words of the fembdoe gender; (b) wordsln =dopier shill mean and Ind the plural and vice varW and (c) the word "may" gives Seller discretion without any obiigstiou to tdm action. 17. Borrower's Copt. Borrower shall be given out copy of the Note and of this Secmrty ¦Inatroment. 18. Trssashr of the Yropetrty or a Brae &W Inbred is Borrower. As aced is this Section 18, "Irr3erest is the mean any l or beneficial Weerestt in the Property,, Including, but not limited to, these benefleid transhpidIna bond for deed, coattail Fa delos4Umeat sales coo?xd or erscrvw ?e?nen? the iobeot of which s ties tree3s6er oftitle Boramwar at a dace bo s purchases. IfaIl or any part of the or any Interest is the roparty is sold or hmbtred (or if Borrower k not a natural person and u = starer in Borrower is so1c1 or transferred) without Lendu% prior written consent, Leader may require immedists payment In M of all sums secured by this Seouft PppletrumeaL However, this option shall not be eAmmd by Leader if such exercise is prohibited by los A" Law. If Lauder Mrdm this option, Lender shall slue Sommer notice of ao on. IU notice shall provide a period of not kn tphaan 30 days Sum the dote the notice h given in scoaebwce with Section 15 D *m sums pdw to 6e, q*atiioon-of y all bi sons periodsecured by this $ecmity lhstn? , Leader may invab any NBcagwer bey Mi Sconrrt' y lostssoneat without !father notice or demand on Borrower. 19. Boe+aw a to Relosate, After Acceleration. N Borrower meats certain Boom..., Borrower slue!! beve the to have eaftcoment of this Security Instrument discaationed at snayy time prior to the earfieat of (a) five dap before ask of the to any powst of esM e:otdedned is this ?tY meat; (b) aura other paled as Law might far the taminaflon oI Boerowet's right bo ear e) emtxy of a eatbsciag this ty lnarnana®t. Thate candltiooa ate !het Bacrorrm: (s?pays all stunt w7riefi tiara waild be duo oaderihs 3armryty Instrwnesat and the Note a: if rte aMxalaation bad oocurted; (b) cases ?y deiisa>t of ? other coveaaote exS?; (spa a{l eapames btCaurad is ealsacing the Security ]tustrnment. Wiling. but nc wave AMMA ttsn) Pep rt d" Fora 3039 IM 0079834701-7396 06117/2004 3:43:34 • r os eso??? 0 RN few, property Inspection and vat and other Jim iocnnred for the purpose of Pro B =W taest in the qty and ttgbts under Security fit; and tadoes Start ectioa es Lauder may seshsuaably a fo assure do LaedWs interest in the and r under this Security imtcmment, and Boaowefs obii t0 pvj the Sums second by this! s lushnment, shell comtinne I.endar nlty $etr0wat such tehuatatemtatt soma ?a one or more of . bank fOrmaa as? by Lender: s) rest; (b) ffi0O°y o?Qi' (c) &wk - homer se's diwk or iublaIt check, provided atsy such shod[ >r ?avint upon an iastitntian whose depoaita are iomered by a federal agency, aY ,or (d) BJechnnic I+Vmds TYa+asibr. Upon rcioaat by Borrower this IndnMe ht obligstiahs secured hereby aball remain fy effective as if no acceleration Lad o?However, this right to reinstate shall not apply In the case of acceleration under section 18. hftvd the 7A Sob of Note; oflAm Servicer, N of Grkvmwm The Note or Nots Oav*w with this ?3aaaity lastumag) anbesold ow or mare times w?prior noticein to Bonwrar. A sale migM result in a cbtmga In the entity (mown as the "Loan Savlcaethat collects Periodic dns under the Note and this Security bmansot and verfixins other loam servicing tender the dote, this Secorby loshvneut and Applicable Law. Them also m t be am or more &2405 of the Loan eorvkar mratated to a ode of eta Ndtv. If ihae is a ere of Loan Servicer, Borrower will be given written notice of the which will state the name amt address of the seas Lan Servker the adduces: to which payments should-bemade and ?y other intbrmation RESPA requires in coonec:tfon with a nmtim of--, fer of servicing, If the Note is sold and theseaRer the Loan is servibed by a Low Servicer odwr *a porchasor of the loan servidog; 4AMptions to Borrow will rye wit the LamthanSwAia or be transhrredN bra su sac Loan Swvki-r and are not ass by the Notep -minas otherwlae VwMad by the Note parohaser. I?fe Baaogrer nor Imular may commence, in, or be joined to any judicial action (as either an individual litigant or ties member of a elms) dui arises from lined Actions pwsusnt to this Soc city lnstroment or that alleges that the other party has broached any pc= of or any Quasi yyyy rt:ason e4 tits gay ltudramant. until such Borrower err Lanier has notified the other pasty with :male motke given in compliance with the requimmeaft of Section 15) of such alleged brawk and the otter bw to a iewonsb after the of such notice to take corrective wdm If cable Law a timep? v?v ch dam certain action can be -Stores, that time parlod wall be divat reasonable ? T laagraph. The notice of acceleration and to der pursuant to 5eotian22 and the notice of acceleration given to Borrower to m Seadon 15 shell be deemed to nad* the notice and opportunity to testa: wffwdve action pcav?thiss Sectim 20. 21.. Hazardous Subsamoes. As used in this Section 21: (a) "HxcKdous Substances" are those substances defiond as toxic or hmrdons substa wok polldousk,orvMtw by Environmental Law and the flA wing subotenraa,~ gasollo% loa0eahe, odor tlemmeble or mono petroleum products, to do pesticidal and habiddm, volatile aolvouh6 materials containing sebestes or Lamaldehyds, and tadioootive mamrieis;(b) "Environmental Law" mamma hderal laws and lift of the joriediction whore the as located that P?ft to safety or envLuomental pr wdow c) avimomental Cke?" mcasauyy response dWY action, r? actl* at removal action, as m Ehvitoome cal Law; aid (d) as "EmirOamnemtal Condition" mom a condition that can cause, oani ibufe to, or o&wwin trigger an limrhonmmial Cleanup. Bonowec shall not cause or permit the use, disposal, dor 0r telum of any Hazardous nor allow anyone else to d0, soy- iing affecting the Pmperty ((a) that- is in vim ?yy AWA pats) POP "d is Fortes 3059 1101 0079834701-7396 06117/2004 3:43:34 INJEJ 5,P; a? Law, ) which creates an Environmental Con&baa, or (c which, due to the pramadoe, use, or release of a Hazardous Substance, craft s talon that advvwx* value ofd ply The preceding tau santmes " va apply to the presence, use, or storage on the sea] quan?ies of Hazardous ?h Substances that are butnota Mote wbq? uses and to maintenance of demand, lawsuit or Borower shall promptly give Leader wrldtm notice 0((&) any itdvtx 72 other actionyy aqy governmental erry or private patty involvin ono Property and say Hazodoas S ce or how of 6w ich Borrow- ]tan acwal ImowlsdM (b) anY Enviroo mantel Coo?ioo, Iochming but not limited to, any VWb& leaking, discharge relatse or mreat of reiame of Hazardous Subsdmce, and (c) say coaft n auaed by the psaance, use or release of a Hazardous Substancs which adversely affects the value of lids Property. WDormwer learns, or Is notified by fny governmental or re #Mmy authority, or private partythat anyremoval at other nwadietion of any dwR promptly tdoe all HizWous seats= dfiwft to medial actions accordance wNh lin yviro?inecessary, IAw. othing herein shall craft my obligsSin own Yon re Linda for an Envitmmaaal Aasma. NON-UNRK)RM COVENANT'S. Borrower and I.eadec loather covenant and agree as follows: 31 Acederadon; Remedial. Ladder shall give notice to Borrowerprbr to acceleration foilewft Borrower's breach of snsy covenant or agreement it this Security I?ment (but not prior to acceleration wader Smedss is anima Law provides odwrwbe} Lander duili %dfy Borrower 0f, :r= things (a th , (h) the aides required to sun the de6nl4 (c) when the defaait d; and (( that failan to can tdw de>lsalt a may molt it Zak of tM Pr pe?rtl. an= mewed by dds Security botruse leader than farther inform Borrower end reinstate rifer am erg dean sad the right to sasat b the fareciosw we p the nos-dos of s dehalt or any other del an of Borrower to actelentba mad ibredosare. N ttw dshalt is act eared as Lander at its option may require Immediate In fall of A seas mewed by this mment without fsrtider demand and may Immediate payment Security Instrument by jadiefal eader shall be estided to collect all expensed iacarred In para.tag the remedial provided 22, - 2-At--but not limited to, attorneys' hes and coats of fide WMeace to the aslant permitted Usable Law. 23. Release. ? payment of all wins cseemed by this ome void. Mar Seemly Ias?aau, nd and die esbft oonvayed aball tRnmab and become voidid. . After aoch otwrranom, Lender shall and satiagy this bstrugmst. Brower sbellpapr say recordation eats. Lender may charge Borrower a Security Iahumest, but co?olyy i?f the &e Is paid to a third pony for services rendered and the the fee b pmk*ed under APPCM Law. .A. 24: Waivers Borrower, to the exbest jarrafted by Applicable Low, walves and releases any error at defects procadIM iah to stay of eceecution t?m% tow?'oa ? bacelit of la any spuvot and ake 8 ws , Period. Borrower time to reinstate p mvided in Section 19 ahdl o teod to one hour prior to the comaneacasent of bidding at a dwdffs sale or other ads t to this Security harumalt. 26. Purchase Nina Maatgaga. if aq of the debt secured thh S"M* laatrament is lest to 17. Ltarest Rate After JndEmeht. Bcarower agrces that the iowesf tats Payable aft a jndgmest is entered on the Note at to an action of mottPage foreclosure dwU be the rate payabli fiom tame to time tmder the Note. AMSPA pui) PM P v of ai Fefm 3039 1101 0079834701-7396 SIMPINSLAMM 06/17/2004 3:43:34 1 L2WW F 0 BY SIGHNG BELOW. Borrower acc" and a3reea to the forms and covenants contained in thin Security bnhvmmt and in any Rider exemded by Borrower and recorded with I • Witnesses: Lalaaa, q4a?-, -- 1 (Seal) Barbara Buatarna -Bacovm (am) -Borrower can (W Banawa Borrower (SUD (SUD -Horrowa Bonavra (San Boner .Bono w AlM6PA VM') 06/17/2004 3;43;34 v p iscm Farm 2038 IM 0079834701-7396 36 Cerdficate of Residence I , do hereby certify that the cornea address of the within-named Mortgagee is Witness my hand this day of Day ear Aped of MoVapae COMMONWEALTH OF PENNSYLVANIA l 00*tj County ss: On this the f 7 day of a i 2DQV before me, the undersigned officer. personally appeared n r_ _ - n - _ j_ -- - rs (mown to me (or saftlectorily proven) to be the person(s) whose name(s) la/are subscribed to the within Instrument and acknowledged that ha ftithey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and ot'ficial seat. My Commission Expires: ?l RUMFLAL empire BWxq tt, CCU* ou pw &Oft Apr. s. Zoos r.•II me-low"" v.w+ea,e 01179834701-7398 osn7/ U 3;4334 PM az , U-M foooooa?aea+?o+ca+o?sw>,e E r?u ?Er E X,? ''" 7 *: Prepared By and Return To: Dan Callahan GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Parcel -ID#: 10-21-0279-038 r. r f• o L) VNI ? ! ?? 8 fl?l 9 57 ASSIG NT OF MORTGAGE AMERIQUEST MORTGAGE COMPANY (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R$, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed BARBARA BUSTERNA, Mortgagor(s); to AMERIQUEST MORTGAGE COMPANY. Bearing date of: June 17, 2004; Amount Secured: $73,000.00; Recorded on July 01, 2004; in Book 1872, Page 424; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 4603 N. Clearview Drive, Camp Hill,PA 17011 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACKED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee, ("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, AMERIQUEST MORTGAGE COMPANY, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this .,?. day of 2007. BK0736PG3573 AMERIQUEST MORTGAGE COMPANY BY AMC MORTGAGE SERVICES INC. AS AUTHORIZED AGENT (Affix Corporate Seal) (SEAL) Name: Tamara Price Title: Vice President (SEAL) Name: Dan A. Rosas Title: Authorized Agent ss: STATE OF California COUNTY OF ge BE IT REMEMBERED, that on this day of A?n1, 2007, before me, the subscriber, a Notary Public personally appeared Tamara Price, Vice President for AMERIQUEST MORTGAGE COMPANY BY AMC MORTGAGE SERVICES INC. AS AUTHORIZED AGENT; and Dana A. Ross, Authorized Agent of AMERIQUEST MORTGAGE COMPANY BY AMC MORTGAGE SERVICES INC. AS AUTHORIZED AGENT; officers of Assignor, AMERIQUEST MORTGAGE COMPANY, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesai d that the within instrument is the voluntary act and deed of such corporation made by vir4ue?6farR? ludo of its Board of Directors. commission expires: I hereby certify the address of the Assignee is: 505 Ci /J t, uite 100, Orange, CA 92868 Loan No.: 007983470 Case #: AMQ-1794 MOUIL ? LAVA MA?TANG1Nt1AN comminion t 16saaoa Notary Public - California Orange County Wcomm.t .tan4,tot0 BKO736PG3574 AUDa THM fArAwa l? of vow bwt am ? of itt a1? spar t 1 aAT11'AXY StepheA J.•ana Barbara L. snsterna, his rile, GpaNY'OttS LID D Barbara L.' rusts!; oa, ainow Qersop, tiRE1rT>? ?. ! . . of ou aak"d Pik, 117!'lf YlY, are tit. aeti?Aier of a. ?! va•?°f e»d t...a.?t.,? ; atom at as "a of - ? 1.00 MOW OO •r of do s?aier &We of A+awira reb taw Was k f "M69tas add = r y Au son" w4 49 • d 60" of seday, =4 ago" of 96W yr+..aer? iM *+aairf ?w'Mef i Aerrbr aaAascduVaf. ? i onwk 8ef*risef„ ? alw++K aw?a!'w, *?awf„ eiare9et aai oNgMwet, awl !,r aarr !^a+r+f+ ?. s^ Who. oefivl -46m covey w aaie efc eerj pat r of use ="wpm* her Agom, Ow 40061w, ALL MT Wn1W pdft= Cc p uml of land sitnaW in the 'Awa?ship of H}agw6 ? ooaner cc aaabrriapa and State of NowyWmia, Hal a x partio4wly bowAbd and daz=fted in aeooedanee with a survey by damit J. Data, magisteced surveyor, dated actobar of IM, as fouowss Bwut M at a VoM cn the Hard em Lim of Clearvim Drive, at the dividiey Lim betwan Iota 16 and 19, =a= A* CluiMI&W taws, said paint bsiag zsfarftaced tauewcay ftm an Nortbaaa intersaetim of Cieessviaw !live and cbwtm t kirotwe# a distesoa of $8.40 Nets tbams vasruardlr algfy tba nwtbsrn lion ce CLearvisw Deiv% to a wean, ccering to tba left with a radian of 195 feat the am distwAs of U lase to a point at•t3r dividing Us* between Lots 19 and 20 on said ppW teiaaae Mwo said dhUi g Use Naeth { 9 dognaw 54 motes East, a distaaoa oaf 122.42 feat to a poijits theme north 96 4wjmsa 55 admates last a distanaa of 77.26 rmb to a point an the sestam lino of Lot. no. 17 as said pions tbenoo -1 dw aaa s dok th 36 4agra w 94 since East a distaom of is feet to a point at tba diva line b etween Lots loon. 1e and ; ? . 19 as said ptini t3mm alag asap :loath 24 Pop a i 39 AtwAtes Mast a diatom* Of 142.95 feat to a w1ab an the norhtern fin! of C1earviow Drive, the plaaa 01 . 8agianiag. ow Lot. no. 19, Ax** s in the p2w of Iota of • C1ea.•viaw ftm. reaoedQd s in nu Beak 9, pegs 13e cmbeclu d Ommtr records. H&VIM themos aractad a siagle Irvin dwauing be mm m,i as.No. 4603 North CivarviW •Drive. um AM SQDW nevect%deas to reatrietions, mneitiaox cad sa mmusea or prior raaor i pa:tataing to said p mdsas. otm the assn Oreadssa Mhich am" B. Holoder and 8v; N. Holaor, bia vite,'ur tbair . deed clad AWil 21. 1966 and raaord.4 in 0aaborlmd towntr IN '' .. I r'a Olrim in Dyed Book 31-V, / Pays 3" grantm4 and aaa"yad uato the 6rantora herein.' 74) IS 4 Te^rftrc, aw?wi iv. N' !s . t1lis to ert it S?l l S ?xsh?f Frir,- Xew/ is+Rle Twri4a 7'2x. nC? County y ?3 g In Cumbers. I BK0.73 c3575 0-- i; ll FXHIBIT 66 LoAmber. 0079834701 - 7396 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMBS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE i MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. June 17, 2004 [.el 1. BORROWER'S PROMISE TO PAY Orange ICIM 4603 N Clearview Dr, Camp Hill, PA 17011 CA Isble1 In return for a loan that 1 have received, I promise to pay U.S. $ 73.660.00 (this amount Is called "ixincipar), plus Interest, to the order of the Lender. The Lender Is Ameriquest Mortgage Company . 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note Is called the "Notre Holder." INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.360 %. This interest rate i will pay may change In accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note Is the rate 1 will pay both before and after any default described In Section 7(8) of this Note. PAYMENTS (A) Time and Piece of Payments 1 will pay principal and Interest by making payments every month. I will make my monthly payments on the first day of each month beginning on August 1, 2004 1 wig make these payments every month until i have paid all of the principal and Interest and arty other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on July 1, 2034 , I still awe amounts under this Note, 1 wig pay those amounts In full on that data, which Is called the maturity date. I will make my payments at 505 City Parkway West, Suite 100, Orange, CA 92868 or at a different place V required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments Will be In the amount of U.S. $ 500.47 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my khan and In the interest rate that I roust pay. The Note Holder Will determine my new interest rate and the changed amount of my monthly payment In accordance with Section 4 of this Note. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will pay may rthange on the first day of July, 2006 , and on that day every sixth month thereafter. Each date on which my interest rate could charge Is caged a "Change Date." (B) The Index Beginning with the first Change Date, my interest ram wig be based on an Index. The 'Index" Is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published In The VVall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date Is called the "Current Index." If at any point in time the Index Is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holier will give me notice of this choke. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six and one-quarter percentage point(s) ( 6.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eight of one percent (0.125%). Subject to the limits stated In Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder wig then deterrdne the amount of the monthly payment that would be suilicient to repay the unpaid principal that I am expected to owe at the Change Date„jn fug on the Maturity Date at my new Interest rate M substantially equal payments. The result of this calculation will be the new amount of my monthly payment 153RUM11 kftb 6- 204.1PAFW.91MM 00000079M701 1d3 OSM712004 3:43:34 PM Number 0079634701 - 7398 (a) limits on Interest Rate changes k Number The interest rate I am required to pay at the first Change Data will not be greater than 8.300 % or less than 7.300%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One Ally interest w?ineve sgnre00000%afro 3her? Est ?t Thav bow paying for On preceding six months. percen rate be (E) interest Effective Data of ? W new rate v?A become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Nodes of Changes The Note Holder will delver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The nodoe will include information required by law b be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. s• PREPAYMENT PRIVILEGE I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section. A "prepaymrerrt" is any amount that i pay In excess of my regularly scheduled payments of principal and Interest that the Lender will apply to reduce the outstanding principal balance on this Note in accordance with this Section. (A) Prepayment Made Three (3.00) year(s) After the Data of this Note I will not have to pay a prepayment charge if I make a prepayment on the Three (3.00) year anniversary of the date this Note is executed, or at any time thereafter. (B) Prepayment Made Within Three (3.00) year(s) of the Date of this Nob If the original principal balance of my loan exceeds $60,000.00, 1 will pay Lender a prepayment charge If, in any twelve (12) month period before the Three (3.00) yeah anniversary of the date this Note In executed, I prepay more than'20% of the original principal balance of this Note. The prepayment charge will be six (6) months interest, at the rate then in effect on this Note, on the amount in excess of 20% of the original principal balance that 1 prepay within such 12 month period. (C) Application of Funds I agree that when 1 Indicate in writing that I am making a prepayment, the Lender shalt apply funds it receives first to pay any prepayment charge and next In accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (D) Monthly Payments If 1 make a prepayment of an amount less than the amount needed to completely repay all amounts due under this Note and Security Instrument, my regularly scheduled payments of principal and Interest will not change as a result LOAN CHARGES If a law, which applies to this ban and which eats maximum khan charges, Is finally interpreted so that the Interest or other ban charges collected or to be collected In connection with this ban exceed the permitted limits, then: (I) any such bar charge shall be reduced by the amount necessary to reduce the charge to the permitted Ihait; and (It) any sums already collected from me which exceeded permitted knb will be refunded m me. The Note Holder may choose to make tibia refund by reducing the principal 1 owe under thfe Note or by mafdng a direct payment to me. If a r first) the principal, the reduction will be treated as a partial prepayment. BOiifilYER FAtiL.URE TO PAY AS REQUIRED (A) Lab Charges for Overdue Payment If the Note Holier has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holler. The amount of the charge will be 6.00096 of my Overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. (B) Deftuft If 1 do not pay the full amount of each monthly payment on the date it is due, i will be In defaulL (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if i do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been pald and all the interest that I owe on that amount The date must be at least 30 days after the date on which the notice is delivered or malted to me. (D) No wah?er by Nob Holder Even 1, at a time when I am In default, the Note Holder does not require me to pay Immediately In full as described above, the Note Holier will still have the right to do so If I am in default at a later time. (E) Payment of Note HokWe Costs and Expenses If the Note Holder has required me to pay immedlatey in full as described above, the Note Holder wig have the dW to be paid back by me for all of Its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable adtomays' fees. 8. GIV94G OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address If I give the Note Holler a notice of my different address. Any notice that mast be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if i am given notice of that different address. y In?lab: offli"WMEM11 („ 2of3 ??j/?J, 0?00079?7oh0300660302 2M-2PA Pit. NAM 081721004 343:34 PM Loaftumber. 0079834701 - 7396 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made In this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Nob Is also obligated to do these things. Arry person who takes over these obligations, including the obligations of a guarantor. surety or endorser of this Note, Is also obligated to keep all of the promises made in this Note. The Note Holder may enforce ft rights under this Note against each person indWWuaNy or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS i and any other parson who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations In some jurisdictions. In addition, to the protections given to the Note Holder under this Note, A Mortgage, Deed of Trust or Security Deed (the "Securely Instrument"), dated the spme as this Note, protects the Note Holder from possible losses which night result If I do not keep the promises that I make in this Note. That the Security Instrument describes hour and under what conditions l may be required to make Immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as fctbws: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest In it is sold or transferred (or If a beneficial Interest In Borrower is sold or transferred and Borrower is not a natural person) without the Lenders prior written consent, Lender may, at its option, require immediate payment In full of all sums secured by this Security lrmVumenL However, this option shall not be exercised by Lender If exercise Is prohibited by federal law as of the date of this Security Instrument. tender also shall riot exercise this option It (a) Borrower causes to be subrnltted to lender Information required by Lender to evaluate the intended transferee as If a new loan were being made to the transferee; and (b) Lender reasonable determines that lenders securely will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lenders consent to the ban assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to tender and that obligates the trar*leree to keep all the promises and agreements made in the Note and in this Security instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower In writing. If der exercises the option to require invnedlete payment In full, Lender shall give Borrower notice of accen. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or malled within which the Borrower must pay all sums secured by this Security Instrument It Borrower fails to pay these sums prior to the eocpkatbn of this period, Lender may invoke arty remedies permitted by this Security Instrument without further notice or demand on Borrower. Oral agreements, proomimm or commitments to lend money, extend +credit, or forbear from enforcing repayment of a debt, hwitulMrg promises to extend, modify, renew or waive such debt, are not enforceable. This written agreement contains AN the terms On Borrower(s) and the Lender have agreed to Any subsegtuent agreement between us regarding this Nob or the Instrument which secures this Note, must be In a signed writing to be legally enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 6rr ear?ara? (Seat) (seal) Boor susum Borrower ts?) (Seal) Borrower Borrower I'MIN 2 01 11 0000oor9e34>•ot0300 a 1-VAM ..OFAM 3 of 3 08117/2004 3:43:34 PM (?F) - ?}?tlIBIT 66 f?-" TO _d -Tdloi -., - ------ homeowners- emergency Housing Finance Agency Unity A3B tanCe Loan Prosrsm Pmts: 211 North Front Street P.O. Box 15206 Rarrtsburg, PA 171OS-5206 Correawadws. 211 North Fronr Street, P.O. Box 15530 Harrisburg, PA 17103-5330 (717) 780.3940 1-800-342-2397 P4X (717) 7804995 7TY(717) 780-1869 2/23/2007 AMC MORTGAGE SERVICES PO Box 11000 SANTA ANA, CA 82711 SUBJECT: BARBARA L. BUSTERNA 4603 N CLEARVIEW DR CAMP HILL, PA 17011 HEMAP Account #. HE0001520212 Loan #: 79834701 Your appr"bon for a HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1963,35 P.S. Section 1680.401-C et seq. and/or Agency Wefines 12 PA Code Section 31.201 at seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. Requests for a hearing must be made in writing and must be submitted to the Agency within 15 days after the postmark date of this letter. Verbal requests are not acceptable. The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. You also have a right to an in-person hearing at the Agency's office in Harrisburg if you so desire. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - HEMAP Hearing Request, PHFAIHEMAP, 211 North Front Street, P.O. Box 15628, Harrisburg, PA, 17105-5620. The hearing request may also be faxed to the attention of Chief Counsel - Hearing Request at 717.780-4031, The Agency will attempt to schedule the hearing within thirty (30) days after the request Is received. When sending your appeal, please be sure to print or type your name legibly and include your HEMAP Account Number and phone number where you may be reached during the day. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative toll free at 1-800-322-7572 for a referral to the office for your county. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter Into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. Sincerely, THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program Post-it' Fax Note, 7671 DiW -a p?'ey°t s? TM t7 I os F'°"" 17 5 i Ph" # Phom e jFw# ROY. 6" t mbar 2004 TO/T0'd S66ZOBLLTL 30NUNIA GNU rJNIsnOH tad OT:9T L06Z-LZ- VERIFICATION THOMAS I. PULED, 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. . i ?a - 4Eas I. leo Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULEO, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Antoinette Vazquez, 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: MICHAEL I. PYKOSH, ESQUIRE Michael I. Pykosh,Esquire 2132 Market Street Camp Hill, PA 17011 Date: V Litigation Paralegal ("-; r,,y ° = -,? ?T _ t.,? ` __t ;.? . T - v f't Z y ? 1 -- ?y _i ?? ,. ...p C -i "a.' "'? IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE No. 07-1672 of Action of Mortgage Foreclosure Form of Action VS. BARBARA BUSTERNA 4603 N. Clearview Drive Camp Hill, PA 17011 PRAECIPE FOR ARGUMENT TO: Curt Long. Prothonotary of Cumberland County. 1. The matter(s) to be argued were raised by the filing of the following Motion for Summary Judgment (e.g. Preliminary Objections, Petition to Compel Discovery, Petition for Sanctions, Motion for Summary Judgment, Motion for Judgment on the Pleadings) by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., on September 4, 2007 and are now at issue. 2. The parties affected by the matter to be argued include: Barbara Busterna 3. The case was previously assigned to Judge N/A for determination of other issues. 4. The following is a current listing of each party including movant and counsel for that party: Name of Par Pltf/Deft/Add. Deft Name of Counsel DEUTSCHE BANK NATIONAL TRUST Pltf Thomas I. Puleo BARBARA BUSTERNA Deft MICHAEL I. PYKOSH, BARBARA BUSTERNA Deft MICHAEL I. PYKOSH, There (is) (is not) a companion filed at N/A . If so, there (are) (are not) similar matters pending in the companion case. 6. A copy of this Praecipe has been duly servZupother parties o ounsel in this case as well as any companion case. DATE: November 7. 2007 Thomas I. Puleo Printed Name and Signature of Counsel NOTE: If this Praecipe is filed by the party seeking relief, Rule L211 C requires a Brief to be filed simultaneously herewith and served upon opposing counsel ,?^? ? ?? ?? J GOLDBECK McCAFFERTY & MCKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City.Tarkway West Suite 10© Orange, ",CA 9286.8 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 CERTIFICATE OF SERVICE O PLAINTIFF'S MOTION FOR SUMMARY GMENT Antoinette Vazquez, hereby certifies that she did 'serve true and correct copy of Praecipe of Argument by first class mail, postage pre-paid upon they following on the date listed below: MICHAEL I. PYKOSH, ESQUIRE Michael I. Pykosh,Esquire 2132 Market Street Camp Hill, PA 17011 Date: I / 6 6 ? cz t? x ?? ? ACS €:st fJ7 J GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment Identify counsel who will argue cases: (a) for plaintiff: Lee Haller, Esquire 1719 North Front Street Harrisbur. PA 17102 (Name and Address) (b) for defendant: Michael I. Pvkosh Esquire 2132 Market Stret Camp Hill PA 17011 (Name and Address) I' 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 27, 2008 Si tare Thomas I. Puleo, Esquire Print your name Date: January 10, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-1672 CERTIFICATE OF SERVICE Tabitha J. Wilson, hereby certifies that she did serve true and correct copy of Praecipe of Argument by first class mail, postage pre-paid upon the following on the date listed below: Michael I. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Tabitha J. ils n 1 rr? Litigation Date: anal al ? V ??? ?? ?? ?= C - -: = ..x ?' '??' ? ?wJ .' ;-S GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Thomas I. Puleo, Esquire Attorney I.D. # 27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-1672 PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Motion for Summary Judgment filed in the above matter on GOLDBEC CAFFERTY & EVER BY: V(4? Thomas I. Puleo squire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-1672 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Praecipe to Withdraw Motion for Summary Judgment was sent by first class mail, postage pre-paid, upon the following on the date listed below: MICHAEL I. PYKOSH, ESQUIRE 2132 Market Street Camp Hill, PA 17011 GOLDBECK McCAI - ) f4w V omas I. Puleo, Iffsq Attornev for Plaintiff McKEEVER Date: 1/29/2008 t? rv m z? m W 5 OD . ? .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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. BARBARA BUSTERNA (Mortgagor(s) and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-1672 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. Enter the Judgment in favor of Plaintiff and against BARBARA BUSTERNA IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 1/30/08.. Assess damages as follows: Debt Interest - 03/01/2006 to 02/20/2008 Total (Assessment of Damages attached) $93,112.57 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 delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred 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. . 0c, T.. McKeever Attorney for Plaintiff I.D. #56129 AND NOW 5-13 , oCoZ , 02008 , Judgment is entered in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE and against BARBARA BUSTERNA IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 1/30/08 and damages assessed in the sum of $93,112.57 as per the above certification. A Protb6notary 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. No. 07-1672 BARBARA BUSTERNA (Mortgagors and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 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: If you have any questions concerning the above, please contact: C242/p8 Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1794 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. DATE OF THIS NOTICE: April 19, 2007 TO BARBARA BUSTERNA 4603 N. Clearview Drive Camp Hill, PA 17011 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA (Mortgagor(s) and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) TO: BARBARA BUSTERNA 4603 N. Clearview Drive Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-1672 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 -7osevh A. Golf-Aleck 7r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. BARBARA BUSTERNA (Mortgagor(s) and Record owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-1672 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, and against BARBARA BUSTERNA IN ACCORDANCE WITH THE CONSENN JUDGMENT DATED 1/30/08, in the sum of $93,112.57. ichae T. ACI(eever Attorney 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that the name(s) and last known address(es) of the Defendant(s) is/are BARBARA BUSTERNA, 4603 N. Clearview Drive Camp Hill, PA 17011; cCAFFERTY & McKEEVER qL'BEC'K : Michael T. McKeever Attorney for Plaintiff a ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $71,629.84 Interest from 03/01/2006 through $10,483.43 02/20/2008 Reasonable Attorney's Fee $3,581.49 Late Charges $386.78 Costs of Suit and Title Search $900.00 Escrow Payments Due 11 X $188.85 $2,077.35 Additional Late Charges $4,344.93 Recoverable Balance $155.00 Suspense -$552.25 Fees $106.00 $93,112.57 GOLD CK Mc AFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this 401nd day of Feb. 2008 damages are assessed as above. Pro Pr y 2 r GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esquire Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. BARBARA BUSTERNA Mortgagor and Record Owner 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County No. 07-1672 CONSENT JUDGMENT AND NOW, it is hereby stipulated and agreed by and between the undersigned as follows: 1. Judgment in Mortgage Foreclosure is entered in favor of Plaintiff and against Defendant, damages to be assessed in accordance with the demand in the Complaint. Plaintiff reserves the right to petition the Court to reassess its damages prior to any Sheriffs sale 2. Plaintiff agrees not to issue execution upon said judgment until on or after May 23, 2008. 2. The property will be listed for the September 3, 2008 Cumberland County 2 3 • Sheriffs Sale or any subsequent sale thereafter. 3. Defendants retain the right to reinstate and/or payoff the mortgage in question at anytime prior to a Sheriffs Sale, if any, in accordance with the mortgage documents; 4. Defendant has no defenses to this action and does not intend to interpose any answer herein and specifically waives the right to do so and any and all defenses that might otherwise have been contained therein. 5. Plaintiff and Defendant agree that any sums advanced by Plaintiff after the entry of this judgment in mortgage foreclosure shall become apart of the judgment lien. 6. This Consent Judgment represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel. Date: J D F Date: U21 DDS Date: ichael T. McKeever, Esq ire Attorney for Plaintiff fi ichaelI ko ,squire Attorney for Defendant arbara usterna Defendant 3 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA (Mortgagor(s) and Record owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-1672 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, BARBARA BUSTERNA, is about unknown years of age, that Defendant's last known residence is 4603 N. Clearview Drive Camp Hill, PA 17011 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: February 20, 2008 oT.icael cKeever Attorney for Plaintiff 0 4 c'j N 01 -0 ?j EI.? < PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.CP 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-1672 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 02/21/2008 to Date of Sale at 7.3000% (Costs to be added) $93,112.57 4ael M AFFERTY & McKEEVER T. McKeever Attorney for Plaintiff y d ? v? W - y U ra d Q O x z (- dxOQ? ° u T ?y?o r; ?H?vawW IQ .?Q ?0 a 2? QOpooW C ?V DW+ n W voC?7CD co oho O ?00 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Sui% 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE BARBARA BUSTERNA (Mortgagor(s) and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1672 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 4603 N. Clearview Drive Camp Hill, PA 17011 LName and address of Owner(s) or Reputed Owner(s): BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 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 4603 N. Clearview Drive Camp Hill, PA 17011 (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 to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 30, 2008 60 TcCUFERTY & McKEEVER BY cha T. McKeever, Esq. Att rney for Plaintiff 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, BARBARA BUSTERNA, is about unknown years of age, that Defendant's last known residence is C/O MICHAEL I. PYKOSH, ESQUIRE2132 MARKET STREET, CAMP HILL, PA 17011, 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: O\ y'? bV ,... ? ,?.: c,-.- ?=.? =- ?`-= _ , ?. a? .. •F ?. ...-- S'?•s ?' + ?. :L. Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 07-1672 I, Michael T. McKeever, 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. 4fohh Keever r plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ?;"'' C?7 - "? "T7 _ ---i "` ?....- ..l .- "Y - • _ .. { ? . ?'J'? _` ._ f`= . -. .ter, ?? < ?., °} 07-1672 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s; Term No. 07-1672 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: BUSTERNA, BARBARA BARBARA BUSTERNA CIO MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 Your house at 4603 N. Clearview Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriff S Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,112.57 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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 qmp 07-1672 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I . 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-R8. UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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. 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. You may also be able to stop the sale through other legal proceedings. 4. 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, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-1672 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 t? 07-1672 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has tiled 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: or 717-243-9400. 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.ory?consumers/homeowners/real.qspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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 homeretentionga goldbeeklaw.com. Call Seth 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-1794. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1672 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, IN., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-118, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From BARBARA BUSTERNA (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 $93,112.57 L.L.$ 0.50 Interest from 2/21/08 to Date of Sale at 7.3000% Atty's Comm % Due Prothy $2.00 Atty Paid $158.52 Other Costs to be Added Plaintiff Paid Date: 6/02/08 Prothono (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1794 CF: 03/27/2007 SD: 12/10/2008 $93,112.57 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1672 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. 4() Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever, Esquire Attorney for Plaintiff ? m ?LL Dom, N 00 ID Cl) i- OO r ? C-4 0) . ._......i .. __.._-... _.. ._.. ?. L- tO W __.-__ -? - - I o'0 1 _ 1 ?a ?`a?tiTAl?sTgri 1 I ?, ? ; oa oy V Am 'm E ?11Nf1 0 0 '1 I .4 Rr „ A pEL E m we ` - 3 cog s S a o a? ?7s ao - d a s 'a v' ? sC v r /? z G D U M w 11 ,?, •.? [A W aci ? M v v E W in ???? LL m ° N O 0 5 W ' ^ 0- U) Q Z U- 02 N Z O_ 0 am o Qo cc d r yr F- M m CL a a Q N ~ D 3 J b ° W ID W -0 U m E U? 2 rL mtoa U N a .? m o 1=}rNia Q o X: F- ????? 2 0 m o o a E I c 0 000 m Q= m? m Ww 5 Q 00 aU am= 0 v 0 W z 0 oWC a ? yQ YoWaN mgwc c r z O :3 c = ?i ri v ui co o0 a(aF.-dr c 0 C E r y Q V IL U. } 16 z a 69 ;a ?55e ? z? z E? z$ ?a c (L •o CL m P ?T a CL 0 co o V O N 0 a w ca 0 co U) N ?:, O C O a ? c N ? N Z E W L U LL =3 Co C M CD m C'1 ? U) 2 m Q m GOLDBECK McCAFFERTY & McKEEVER BY: Michel T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1672 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 4603 N. Clearview Drive Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 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 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 CAPITAL ONE BANK 140 EAST SHIRE DRIVE GLEN ALLEN, VA 23059 4. Name and address of the last recorded holder of every mortgage of record: 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 4603 N. Clearview Drive Camp Hill, PA 17011 (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 to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 7, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff rv ZVI_ C.1 i °' e.ra ca Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee of Ameriquest Mortgage Securities, Cumberland County, Pennsylvania Inc., Asset-Backed Pass Through Certificates Writ No. 2007-1672 Civil Term Series 2004-R8, Under the Pooling and Servicing Agreement Dated as of August 1, 2004, without recourse VS Barbara Busterna Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2008 at 1235 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barbara Busterna located at 4603 N. Clearview Drive, 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: Barbara Busterna by regular mail to her last known address of 4603 N. Clearview Drive, Camp Hill, PA 17011. This letter was mailed under the date of October 7, 2008 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 Michael McKeever. Sheriff s Costs: Docketing 30.00 Poundage 18.51 Posting Handbills 15.00 Advertising 15.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 14.00 Levy 15.00 Surcharge 20.00 Law Journal 377.00 Patriot News 411.95 Share of bills 14.92 $943.88 ? !? a ?l od So Answ s: r° R. Thomas Kline, Sheriff BY<_ ?G SM?& Real Estate S rgeant e eo J, -7 -Aqa ell 1/p 7G 3 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA (Mortgagor(s) and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 No. 07-1672 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 4603 N. Clearview Drive Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 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 i PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 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 4603 N. Clearview Drive Camp Hill, PA 17011 (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 to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 30, 2008 $cCXFFERTY & McKEEVER is T. McKeever, Esq. for Plaintiff 07-1672 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s Term No. 07-1672 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: BUSTERNA, BARBARA BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 Your house at 4603 N. Clearview Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,112.57 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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 07-1672 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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. 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. 4. 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. 07-1672 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-1672 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: or 717-243-9400. 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.l)hfa.orgjconsumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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 Seth 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-1794. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Clearview Drive, at the diving line between lots 18 and 19, Block A, Clearview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 degrees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plan; thence along the same South 38 degrees 34 minutes East a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on said plan; thense along same South 24 degrees 39 minutes West a distance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot. No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 4603 N. Clearview Drive Camp Hill, PA 17011 SOLD as the property of BARBARA BUSTERNA TAX PARCEL #10-21-0279-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1672 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, IN., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From BARBARA BUSTERNA (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 $93,112.57 L.L.$ 0.50 Interest from 2/21/08 to Date of Sale at 7.3000% Atty's Comm % Atty Paid $158.52 Plaintiff Paid Date: 6/02/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs to be Added ?rothonotary By: Deputy Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale #53 On August 28, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4603 N. Clearview Dr., Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 28, 2008 By: ?J Real Es a Sergeant 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: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r- Marie Coyne, SWORN'TO AND SUBSCRIBED before me this 14 day of November. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RAIAL A #'ATS IWUJK NO. 53 Writ No. 2007-1672 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., asset- backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement Dated as of August 1, 2004, without recourse vs. Barbara Busterna Atty.: Michael McKeever ALL THAT CERTAIN piece or par- cel of land situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Clearview Drive, at the &Wft Um between lots 19 and 19, Eck A, Cleary eiv Farms, said namt ing synced Westwardty the interwdon of tl3sriswiew Drive and Chestnut Av- enue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 de- grees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plan; thence along the same South 38 degrees 34 minutes East a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on said plan; thense along same South 24 degrees 39 minutes West a dis- tance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4603 N. Clear- view Drive, Camp Hill, PA 17011. SOLD as the property of BAR- BARA BUSTERNA. TAX PARCEL #10-21-0279-038. The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE z4fPatriot 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: 10/29/08 11105!08 11/12/08 Sworn to s scribed before Veisf day of November, 2008 A.D. Notary Pu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Cky Of Hanisbwrg, Dauphin County My Con nibsim Fires Nov. 26, 2011 Member, Pennsylvania Association of Notary Reel IEitI I Soft No. 53 MMt No. 2W-im tv1 Term 'DauteabOL Bank National Trust Comp?my, att?Tlrnsbae of Securt As, Inc., asset-backed . ??+na?atr?t f, 20ot rAhout rswurse VS Barbara Buatternao - Atton 'ttrN IW FOC Keever LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the 'township of Hamden, County of Cumberland and State of 'Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered;Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Ckxview Drive, at the diving line between lots 18 and 19, Block A, Ciearview Fauns, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance, of 58.48 feet; thence westwardly along The northern line of Ckarview Drive, on a curve, curviag to the kft with a radius of 195 feet the are distance of 51 fear to a point at the dividing Fine between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 degrees 55 minutes Bast, a distance of 77:26 feet to a point on the western line of Lot No. 17 on said plan; thence along the same Soudt 38 degrees 34 minutes East adistance of 15 feet to a point at the dividing line between Lars Nos. 18 and 19 on said plan; thence along same South 24 degrees 39 minutes West a distance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot. No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. BfIR0VEMENfS 'consist of a residential dwelling. BEING PREl19ISES; 4603 N. Clearview Drive Camp MIL PA 17011 SOLD as the property of BARBARA BUSTPRNA TAX PARCEL #10-21.02791138 V PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-1672 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/18/2009 to Date of Sale per diem at $14.52 (Costs to be added) $93,112.57 GOLDBECK cCAFFERTY & McKEEVER BY: Micha . McKeever Attorney or Plaintiff U IY a owUao? ?, Hdxod? O u'L70a-Aa ? ad?OwWW N? a,xH d ?t=W 'Z'tH/lc?f1 Ha F-+ o O O ? p., ? w Exr; z? z Aww3 O ???NQroa N woHw'? w A N '? ti tt7 G7 o? w O H p Cl w?Q v r? ? a? d O rH?? W ? d ?Ux pG ; G , 0 a y`?•M Cd ??U Wt Wt ? W a .7 v J O ? a ? M Ari 143 C`6 n ? "tri- Cr Y ?U N a -? N ? ? N y ? N Y ^? Y 4 N 1 es o ? ,r, y °? v 'v r+ ?A+ N V ? ? M c (ti ... f ` ALL THAT CERTAIN piece or parcel of land situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Clearview Drive, at the diving line between lots 18 and 19, Block A, Clearview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 degrees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plan; thence along the same South 38 degrees 34 minutes East a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on said plan; thense along same South 24 degrees 39 minutes West a distance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot. No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4603 N. Clearview Drive Camp Hill, PA 17011 SOLD as the property of BARBARA BUSTERNA TAX PARCEL #10-21-0279-038 We t Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. BARBARA BUSTERNA (Mortgagor(s) and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1672 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 4603 N. Clearview Drive Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): BARBARA BUSTERNA C/O MICHAEL 1. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY r PO Box 320 Carlisle, PA 17013 CAPITAL ONE BANK 140 EAST SHIRE DRIVE GLEN ALLEN, VA 23059 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 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 4603 N. Clearview Drive Camp Hill, PA 17011 (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 m pe onal knowledge or information and belief. I understand that false statements herein are made subject to the pen tie of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: April 17, 2009 GOLDBECK McC RTY & BY: Michael T. eeve, Esq. Attorney for Pl ' tiff THE ? ? 17 i'?nsAftY 2009 APR 20 PH 1: 53 0- Uri=a .us s ,; ;'k F`f-'vhN irk 07-1672 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s Term No. 07-1672 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: BUSTERNA, BARBARA BARBARA BUSTERNA CIO MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 Your house at 4603 N. Clearview Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriff s Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,112.57 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS 07-1672 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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. 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. 4. 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. I . If the Sheriff s 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. 8. You may contact the Foreclosure Resource Center: h!Ltp://www.philadelphiafed.orp-/foreclosure/ 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. LEGAL SERVICES INC 07-1672 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 t 07-1672 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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 poldbecklaw.com. Call Seth 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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of AMQ-1794. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. O 2039 PR 20 5 , 'TM Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1672 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From BARBARA BUSTERNA, (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 $93,112.57 L.L. Interest FROM 4/18/2009 TO DATE OF SALE PER DIEM AT $14.52 Atty's Comm % Atty Paid $1123.90 Due Prothy $2.00 Other Costs Plaintiff Paid Date: APRIL 20, 2009 QiSs R. Lon ono (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, 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. 56129 By: Deputy GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1794 CF: 03/27/2007 SD: 09/02/2009 $93,112.57 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1672 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/ee"eterh a4o4?copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully su tted, -NA ? BY: Michael T. McKeever, Esquire Attorney for Plaintiff Cm o: LL om LL pJ Q 41 (p O N LL OO o O N Ln ?Uga ?? Q O N ll ffi ll °p ?? `??II U D s? 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D m M 0 Q a EL Q CO Sheriffs Office of Cumberland County R Thomas Kline Sheriff ov of'-'KM6rr4 Ronny R Anderson Chief Deputy ' Jody S smith"" Civil Process Sergeant OFFICE OF TH@ GNSFUFF Edward L Schorpp Solicitor Deutsche Bank National Trust Company, Case Number vs. 2007-1672 Barbara Bustema SHERIFF'S RETURN OF SERVICE 06/20/2009 09:12 AM - Ronald Hoover, Deputy Sheriff, who being duly swam according to law, states that on June 20 2009 at 0908 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 Barbara Bustema, located at, 4603 North Clearview Drive, Camp Hill, Cumberland County, Pennsylvania according to law. 06/2912009 10:06 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/04 at 1005 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: Barbara Bustema, by making known unto, Michae Pykosh, Attomey for Barbara Busterna, personally, at, 2132 Market Street, Camp Hil, Cumberland County, Pennsylvania its contents and at the same time handing to him/her personally the said true and correct copy of the same. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-1672 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 4603 N. Clearview Drive Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): BARBARA BUSTERNA CIO MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: BARBARA BUSTERNA C/O MICHAEL 1. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 CAPITAL ONE BANK 140 EAST SHIRE DRIVE GLEN ALLEN, VA 23059 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 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 4603 N. Clearview Drive Camp Hill, PA 17011 (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 to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 17, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff kILEU-0i "E fir THf- T)?y 2009 AUG 19 PM' I : 4 4 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 AMERIOUEST MTG SECURITIES INC 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 20TH day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1672, at the suit of AMERIOUEST MTG SECURITIES INC TR against BARBARA BUSTERNA is duly recorded as Instrument Number 200939661. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of A.D. d- oe N of Deeds R?crrC?r (JI Gum6arxW County. Cadww, PA My Comm pan EvwQ4 ft Fiat Monday of Am 2010 R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County 01111, p9' e. ipG?r4114 r OFFICE OF'?-E 5-ERIFF TF "A?y 2004 Q 1 -2 r` °i 2: 12 a CLIP, r . Deutsche Bank National Trust Company, I Case Number vs. Barbara Busterna 2007-1672 SHERIFF'S RETURN OF SERVICE 06/20/2009 09:12 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 0908 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 Barbara Busterna, located at, 4603 North Clearview Drive, Camp Hill, Cumberland County, Pennsylvania according to law. 06/29/2009 10:06 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/0( at 1005 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: Barbara Busterna, by making known unto, Michae Pykosh, Attorney for Barbara Busterna, personally, at, 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him/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 Michael McKeever, on behalf of, Deutsche Bank National Trust Company, As Trustee In Trust for the Registered Holders of Ameriquest Mortgage Securities, Inc, Asset-Backed Pass-Through Certificates, Series 2004-R8, of, 505 City Parkway West, Suite 100, Orange, CA, 92868, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 931.99. SHERIFF COST: $931.99 SO ANSWERS, 00 October 22, 2009 R THOMAS KLINE, SHERIFF '01- CU a6-7 '11 7 3gg10 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. BARBARA BUSTERNA (Mortgagor(s) and Record Owner(s)) 4603 N. Clearview Drive Camp Hill, PA 17011 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-1672 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 4603 N. Clearview Drive Camp Hill, PA 17011 I.Name and address of Owner(s) or Reputed Owner(s): BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY f PO Box 320 Carlisle, PA 17013 CAPITAL ONE BANK 140 EAST SHIRE DRIVE GLEN ALLEN, VA 23059 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 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 4603 N. Clearview Drive Camp Hill, PA 17011 (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 information and belief. I understand that false statements herein are made subject to the pen relating to unsworn falsification to authorities. DATED: April 17, 2009 onal knowledge or of 18 Pa. C.S. Section 4904 GOLDBECK McC RTY & BY: Michael T. eever, Esq. Attorney for Pl ' tiff 1 J GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 07-1672 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. BARBARA BUSTERNA Mortgagor(s) and Record Owner(s) 4603 N. Clearview Drive Camp Hill, PA 17011 Defendant(s Term No. 07-1672 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 O$TAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BUSTERNA, BARBARA BARBARA BUSTERNA C/O MICHAEL I. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 Your house at 4603 N. Clearview Drive, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,112.57 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS 07-1672 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-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 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. 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. 4. 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 Sheriff s 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. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 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. LEGAL SERVICES INC 07-1672 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). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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 Seth 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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of AMQ-1794. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Clearview Drive, at the diving line between lots 18 and 19, Block A, Clearview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the are distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 degrees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plan; thence along the same South 38 degrees 34 minutes East a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on said plan; thence along same South 24 degrees 39 minutes West a distance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot. No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4 603 N. Clearview Drive Camp Hill, PA 17011 SOLD as the property of BARBARA BUSTERNA TAX PARCEL #10-21-0279-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1672 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 2004-118, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From BARBARA BUSTERNA, (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 $93,112.57 L.L. Interest FROM 4/18/2009 TO DATE OF SALE PER DIEM AT $14.52 Atty's Comm % Atty Paid $1123.90 Plaintiff Paid Due Prothy $2.00 Other Costs Date: APRIL 20, 2009 (Seal) REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 C AisR.on 4ono By: Deputy Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 4603 North Clearview Drive Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: Real Estate Coordinator '.. 1 ,, ..._ a.. 6v. rr-n 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. Editor SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 2 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 AW" Cpl. 12 Writ No. 2007-1672 Civil Deutsche Bank National Trust Company as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2004-R8, under the Pooling and Servicing Agreement Dated as of 8/ 1 /2004 without recourse vs. Barbara Busterna Atty.: Michael McKeever ALL THAT CERTAIN piece or par- cel of land situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Clearview Drive, at the diving line between lots 18 and 19, Block A, CIearview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Av- enue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 de- grees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plan; thence along the same South 38 degrees 34 ndnutes t a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on ssid pik *; them ako2g same South 24 degrees 39 minutes West a dis- tance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot. No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4603 N. Clearview Drive Camp Hill, PA 17011. SOLD as the property of BAR- BARA BUSTERNA. TAX PARCEL #10-21-0279-038. 'Che Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 ZheePatriot-News Now you know CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 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 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 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 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 Sworn to and Wbscribed before me this,1? day of August, 2009 A.D. Ll ....... _J Notary Public ,2OMMONWEALTH OF PENNSYLI/AN,i i Notarial Seel Shw* L Kisner, Notary Publk: "y (M Harrisburg, Dauphin Courdy J My c:ommi am E10ress Nov. 26, 2011 Member. Pennsylvania 4ssoc,?t?on- air N Oter+,-? 07/31 /09 08/07/09 Sale No. 12 Writ No. 200E-1672 Civil Term the Bank National Trust Company asTha ate of Ameriquest Mortgage Securities, inc., Asset-Backed Pass Through Certificates, Series 2004-Fi8, under the pooling and Servicing Agreement 04W as of 81112004 without recourse vs. Barbara Busterna Atty: Michael McKeever ALL THAT CERTAIN piece or parcel of iand situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particuiarlf bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern fine of Clearview Drive, at the diving line between lots 18 and 19, Block A, Ciearview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to d left with a radius of 195 feet the arc distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing fine north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 degrees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 1? on said plan; thence along the same South 38 degrees 34 minutes East a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on said plan; thense along same South 24 degrees 39 minutes West a distance of 142.95 feet to a point on the northern fine of Clearview Nye, the place of Beginning. BEING Lot, No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page P. Cumberland County records. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4603 N. Clearview Drive Camp Hill, Ph `17011 SOLD as the property of BARBARA BUSTERNA TAX PARCEL #1421-0279-038