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HomeMy WebLinkAbout07-3531GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF 07 - .?sa r C?01-C DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. ROSEMARY L. BATHAVIC Mortgagor and Real Owner 121 Walnut Street Carlisle, PA 17013 Defendant Term No. CIVIL ACTION: MORRTGAGE "RCLC URF 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@jzoldbecklaw.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 5326017C. 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 COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE, 10801 6th Street, Suite 130 Rancho Cucamonga, CA 91730. 2. The names and addresses of the Defendant is ROSEMARY L. BATHAVIC, 121 Walnut Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On July 16, 2003 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 1823, Page 4816. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, 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 January 01, 2007 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 ....................................................................................$87,271.77 Interest from 12/01/2006 through 06/30/2007 at 7.6000% .......................$3,905.04 Per Diem interest rate at $18.42 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,363.59 Late Charges from 01/01/2007 to 06/30/2007 .............................................$832.83 Monthly late charge amount at $38.23 Costs of suit and Title Search ......................................................................$900.00 Fees ..............................................................................................................$207.00 Recoverable Balance ....................................................................................$231.95 Escrow ..................................................................................................... -$1,319.23 Monthly Escrow amount $167.73 $96,392.95 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 $96,392.95, together with interest at the rate of $18.42, 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: YOUDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Dana A. Rosas„ as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S..4904 relating to unworn falsification to authorities. Date: O& - I V `0 Dana A. Rosas, Authorized Agent #0049191760 - ROSEMARY L. BATHAVIC EythibitA Date: 7/16/03 S , Order Number: 000013643 Re: Clcyd E. Bathavic 121 WALNUT STREET Rosemary L. Bathavic CARLISLE, PA 17013 CUMBERLAND County EXHIBIT 'A' ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by Walnut Street; on the West by property formerly of Brady Ashburn, now of Vernon Dolbeer; on the North by a private alley; and on the East by property formerl of Harry Miller, now of Mary Elizabeth Miller. HAVING a frontage or; said Walnut Street of 16 feet, 8 inches, and extending in depth the same width to said private alley in the rear 110 feet, more or less, and being improved with a two-story brick dwelling and other improvements; with the right of ingress or egress to the Grantees, their heirs and assigns, of and through that certain passageway or alley built in connection with the adjoining house on the West in common with the owner or occupants of the latter; togetherwith the further privilege of right of way over the 10 foot private alley in the rear of said lot ground. BK 18 2 3.PG 4 8.3 2--? Time: 10:47:46 AM Page: 6 of 6 Order Number 000013643 Ex hibit (B "AMCP.O. BOX 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 #BWNKZZS TODD BATHAVIC - POA Ulm- 121 WALNUT ST CARLISLE, PA 17013-3836 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documeato explica Como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informaci6n en espailol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0049191760 Property Address: 121 WALNUT ST, CARLISLE PA, 17013 Original Leader: AMC Mortgage Services, Inc. Current LendedSemcer: 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 ATTEMP'T' TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is as official notice that the mortgage oa vomr hose is is default. and the lender intends to foreclose. Specific information about the nature of the default is provided is the attached oases. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your hose. This Notice explains how the program works. To we it HEMAP can help, you mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with van when you meet with the Conosellag Agency. The acme, address and phone number of Consumer Credit Counseling Agencies servina your County are listed at the end of this Notice. H you have any amestions. you may call the Pennsylvania Housing Finance Agency tell free at 14M-342-2397.(Persoas with impaired hearing can tail (717) 78&1tif69). This Notice contains important legal information. H you have any questions, representatives at the consumer Credit Counseling Agency may be AMC to help e=plaia it Yom may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUZS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LI.AMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO °°`°`*."-. Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Inland, and New Hampshire. 1 Box 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 #E1WNKZZS ROSEMARY L BATHAVIC 11 1 NM 121 WALNUT ST CARLISLE, PA 17013-3836 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 informacion en espailol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0049191760 Property Address: 121 WALNUT ST, CARLISLE PA, 17013 Original Leader: AMC Mortgage Services, Inc. Current LendedServicer: 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 hone is is defwlk and the leader intends to foreclose. Saeeifie information about the mature of the default is provided is the attached eases. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your hone- This Notice exalalas how the program works. To we N HEMAP can hele, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when yon meet with the Coumselian Agency. The same, address and phone number of Coammer Credit Comasdkg Ass:acies smviag your County are listed at the end of this Notice. If you have aay questions. you may call the Peasnlyania Housing Fisasee Agency toll free at 1-800-342-2397.(Perseas with impaired heariat can call (717) 780-I80). This Notice contains important kcal information. H you have any question, representatives at the Coasaner Credit Coaase ing Agency may be able to help explain it. Yom may also want to contact an attoeaey is your area. The local bar amoeintion may be able to help you Had a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SII DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO "°" .M- . Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUEDES SEX ELEGIBLE PABA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RZDIMIR 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 MAB3t FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 19e3 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE; 7 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 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. Daring 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. CONSUMZR CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the cad 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 designaled consumer credit counseling agencies for the county 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 your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a defauh for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defra t.) If you have hied 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 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 cad of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR 17 YOU DO NOT FOLLOW THE OTHER TIM PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL BE DENIED. AGENCY ACTION - Available farads 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 Daring that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. March 02, 2007 Loan Number: 0049191760 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 (Brian it uo to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above leader on your property located at. 121 WALNUT ST, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 01/01/07 thre 03/01107 Minimum Payments plus late charge or other fees: $3468.00 Miaisuu Amount to Care Default: 53460.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not analieable): N/A HOW TO CURE THE DEFAULT -You may can the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S3463.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mast be made either by cub cashier's check certified check or money order made payable and sent to: AMC Mortgage Services P.O. Box 5926 Carol Stream, IL 60197-5926 You can care any other default by taking the following action within THIRTY (30) DAYS of the date of this kW (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 dale of this Notice, the leader intends to exercise its riot to accelerate the morttnae 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 is monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the leader also intends to instruct its attorneys to start legal action to foreclose am ym"aaftagcd rt - Rnw IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the leader refers your case to its attorneys, but you core the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incased, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually mcu ncd by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the defaak within the THIRTY ((30 DAY per, you will got be required to pay attema''s fees OTHER LENDER REMEDIES - The lends may also sue you personally for the unpaid principal balance and all other suns doe under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, you still have the right to cure the default ....J 1 -m oerforminganv other r gdmments under the morsaM Caring your default in the nanaer set forth in this notice will restore your mortgage to the sane position as if you had never defulted. 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 can the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Au, CA 92711-1000 Phone Number 800-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUWTION OF MORTGAGE - You _ may or X may not (CHECK ONE) sell or treader your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and coals 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. s 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) z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z 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 ford 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: 0049191760 Mailed by 1st 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 APA IAN "i M V .._J SHERIFF'S RETURN - REGULAR CASE NO: 2007-03531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL CO VS BATHAVIC ROSEMARY L RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RATHAVIC ROSEMARY L the DEFENDANT , at 0909:00 HOURS, on the 21st day of June at 121 WALNUT STREET CARLISLE, PA 17013 by handing to ROSEMARY BATHAVIC a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 L?.29 a? 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/21/2007 GOLDBECK MCCA2Y MCKEEVER By: _ j y Sher A. D. 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT 1', PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), CIVIL DIVISION No. 07-3531 Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE vs. ROSEMARY L. BATHAVIC, Filed on behalf of: ROSEMARY L. BATHAVIC, Defendant(s) Defendant(s). Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 4P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., CIVIL DIVISION as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- No.07-3531 Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), vs. ROSEMARY L. BATHAVIC, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), ROSEMARY L. BATHAVIC, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: Paragraph 1 is ADMITTED. 2. Paragraph 2 is ADMITTED. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are 1? necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiff's complaint. . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., CIVIL DIVISION as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- No. 07-3531 Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), VS. ROSEMARY L. BATHAVIC, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) ROSEMARY L. BATHAVIC and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsw9mfTalsifc n to authorities. By: v Fred O F eitag IV, Esquire Atto for Defendant(s) N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., CIVIL DIVISION as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- No. 07-3531 Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), VS. ROSEMARY L. BATHAVIC, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this ply 19, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X_ by first class mail, postage prepaid on the following: JOSEPH A. GOLDBECK, JR. ESQUIRE GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 July 19, 2007 Date Fred W. F to IV, Esqui Attorney efendant(s) -TI r' _r? fr GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-3531 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 SummM Judg rent 2. Identify counsel who will argue cases: (a) for plaintiff. Thomas I. Puleo, Esquire Suite 5000-Mellon Independence Center (Name and Address) 701 Market Street, Philadelphia, PA 19106-1532 (b) for defendant: Fred W. Freitag IV, Esquire, Greenfield Court, 1041 Applejack Drive (Name and Address) Gibsonia, PA 15044 t. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: gnature Thomas I. Puleo, Esquire Print your name Date: fd ( ? -r? fi? ?? ? .-i jt t ?$ ?? ; r ...r Y" ?' ?_ ?1' ? fF • ?; ?, --?j ?ry ? ?> W ? ` t ?4Z dL `? ?.. .N ?•?+ p` ?? ?.?p GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-3531 Rancho Cucamonga, CA 91730 VS. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE (hereinafter "Plaintiff'). 2. Defendant is ROSEMARY L. BATHAVIC (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on June 15, 2007. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer on or about July 19, 2007, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER JiIOMAS 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 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-3531 VS. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT c men Armi.W , being duly sworn according to law, deposes and says: 1. I am the Fvritc6wrp L ekosm 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, ROSEMARY L. BATHAVIC, made, executed and delivered a Mortgage upon the premises, 121 Walnut Street, Carlisle, PA 17013, on July 16, 2003 to AMERIQUEST MORTGAGE COMPANY. 4. The mortgage is held by Plaintiff. The Mortgage is in default because monthly payments of principal and interest due January 01, 2007 and each month thereafter are due and unpaid. At no time from January 01, 2007 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B" to Plaintiff's Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 12/01/2006 through 06/30/2007 at 7.6000% Per Diem interest rate at $18.42 Reasonable Attorney's Fee Late Charges from 01/01/2007 to 06/30/2007 Monthly late charge amount at $38.23 Costs of suit and Title Search Fees Escrow Monthly Escrow amount $167.73 $87,271.77 $3,905.04 $4,363.59 $832.83 $900.00 $207.00 (-$1,319.23) $96,392.95 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,SUJBSCRIBED: k . before me this day: of V - ,2007: by: Hmerlquest Mortgage Comp=7 as Attorney in Fact by its authorised amt AW Mortgage 8emloes In*. N tart' ublic -RINI C...... 0 1744M %oMry ?ubpc • QON1011Mo :art iiwdh io Counly ?plilrMa?i,1011 ? rrrr.?rr O MM t i nofetl++ moJ OhMO1NOJ - aik?u? violoo •yinuo7 ofObmnwf nob I 1 tOC.l?efM .nrr?a?yM 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 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-3531 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 Defendant who is the Mortgagor and Real Owner of the real property located at 121 Walnut Street, Carlisle, PA 17013 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer. Plaintiff has now moved for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. This memorandum is offered in support of the Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. s., 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 Defendants' 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. Defendants admit paragraphs 1 and 2 of the Complaint, specifically the identities of the parties. In paragraph 3 and 4 of the Answer, Defendants deny for lack of knowledge the execution and assignment of the mortgage and the mortgage recording information. The execution and 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 answers these specific averments by invoking general denials under Pennsylvania Rule of Civil Procedure 1029. Defendant makes no specific response whatsoever regarding Defendant's 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, have knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of his own mortgage account, Defendant is deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Company 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, while Defendant's default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon the deemed admissions of the Defendant and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant, contrary to their unsupported allegation in paragraph 5 of their response, have never offered the total amount necessary to reinstate the mortgage. Plaintiff would gladly accept full reinstatement under the mortgage, as it is likely to suffer a loss if this litigation continues. Moreover, as 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). Defendant's general denial 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). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. sea. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. 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 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. Defendant moves on to deny paragraph 9 of the Complaint by stating the required Act 91 notices were not received. This denial is insufficient, as Plaintiff did not aver that Defendants received the Act 91 notice. 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 March 02, 2007 (See, Exhibit B 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). A true and correct copy of the Notice is attached here as Exhibit E. 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. Defendant 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. GOLD CK McC & McKEEVER omas I. Pule/ 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 COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Assignment(s) of Mortgage E. Note ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-3531 F. United States Track and Confirm Shipment Details EXHIBIT "A " GOLDBECK WCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBE l 353 C/1 L L ATTORNEY ID. #16132 Nl=y ! LL.. '?j IMQR SUITE 5000 MELLON 701 MARIcirT STREET I HEREBY CERTIFY THAT THIS IS PfflL" LPIITA, PA 19106 COPY A TRUE AND CORRECT CORY OF (215) 627-1322 THE ORIGINAL FILED W W W.GOLDBECKLAW.COM ATTORNEN FOR PLAINTIFF DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 108016th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. ROSEMARY L. BATHAVIC Mortgagor and Real Owner 121 Walnut Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MOfRTGAM KAJ!CLOSURE NOTICE You have been sued in court. Myou 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 fiuther notice for any money claim in the Complaint of for any other claim or relief requested by the PlaintifL 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 p 8 Irvine Row Carlisle, PA 17013 r 717-243-9400 cn CUMBERLAND COUNTY BAR ASSOCIATION 6M 2 Liberty Avenue o ?n Carlisle, PA 17013 AVISO LE HAN DEIVIANDADO 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 O GISTRE CON LA CORTE EN FORMA ESCRTTA, EL PUNTO D$ WVY1 OBJECCION CONTRA LAS QUEJAS EN ESTA RIDE! SlT'TTD FTO ONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ONCES, LA CORTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL D QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA D S P ON 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, VAVA 0 LLAME POR TE12FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERp CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGAALE A UN ABOGADO, RSTA OFICINA PUEDE PROVEER9 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 FTFIRM IS A DEBT COLLECTOR AND WE ARE ATTF.'1'M TO COLLECT A DEBT OWED TO OUR. CLEOT. ANY INFORMATION OBTADW 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). can 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.&Qy for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your leader) at 800.211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna goldbecklaw.com. Call 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 fine'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 53260FC. Para information en espanol puede communicarse con Loretta at 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. is % COMPANSc{,? ' 1. Pl ' F1 r1INC SET-BACKED P S MOT E 2003-8 UND SERVICING AGREEMENTT 1, 2003, WITHOUT Street, Suite 130 Rancho Cucamonga, CA 91730. 2. The names and addresses of the Defendant is ROSEMARY L. BATHAVIC,121 Walnut Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On July 16, 2003 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 1823, Page 4816. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, 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 KAY, ('Property'). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2007 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 ....................................................................................$87,271.77 Interest from 12/01/2006 through 06/30/2007 at 7.6000'/0 .... ...................$3,905.04 Per Diem interest rate at $18.42 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,363.59 Late Charges from 01/01/2007 to 06/30/2007 ....................... ......................$832.83 Monthly late charge amount at $38.23 Costs of suit and Title Search ................................................ ......................$900.00 Fees .................................................................................... ......................$207.00 Recoverable Balance ............................................................. ...... .............$231.95 Escrow .................................................................................... ................. -$1,319.23 Monthly Escrow amount $167.73 $96,392.95 7. If the Mortgage is reinstated prior to a Sheriffs 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 dg terms' judgment in mortgage foreclosure in the sum of $96,392.95, together with interest at the rate of $18.42, 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 Sheriirs Sale of the Property. By: -k- QA&Q& BNVOUDBIECK AFFERTY & McKEEVER Y: JOSEPH A. GOLDBECK, JR., EsQwtE ATTORNEY FOR PLAINTIFF VERIFICATION I, Dana A. Rosas„ as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my lmowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: 00 ' I V `? Dana A. Rosas, Authorized Agent #0049191760 - ROSEMARY L. BATHAVIC f xhibit A Dft 7AGM Order Number: 000013613 Re: Clcyd R. Bathsvic 121 WAldiD'f STRUT Rosamazy L. Rathavic CARLISLE, PA 17013 Comem ,m county '! rA.r ALL 'P9A1' CZM= lot of ground situate in the Borough of Carlisle, Cmberland County, Pennsylvania, bounded and described as follows: Oil the South by Walnut Street] on the West by property formerly of Brady Aebburn, now of Vernon Dolbeerj on the north by a private alleyj and on the East by property lormerl of Harry killer, now of wry Elizabeth Miller. HAVING a frontage on, said Walnut Street of 16 feet, 8 inches, and extending in depth the same width to said private alley in the rear 110 feet, more or less, and being improved with a two-story brick dwelliAg and other improvomtst with the right of ingress or egress to the Qmntees, their heirs and asslgns, of and through that certain passageway or alley built in connection with the adjoining house on the Nest in common with the owner or occupants of the latter] tQgetherwith the further privilege of right of way over the 10 foot private alley in the rear of said lot ground. BiK 18 2 3-'G 48.3 2--? Mm 10:47:46 AM Paget 6 of 6 Ckdw MwiM00000643 ?hi6it (13 IMORTGAGE SERVICES SarbArs, CA 92711-1600 March 02, 2007 OBWNK= TODD BATHAVIC - POA . ?.. 121 WALNW ST CARLISLE, PA 17013-3936 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVLRO: Fate dotaeroeoto a"= onto bs prooem"ds cause pwdm t wtar peedtx m hoes drtido a demons do pW& Para infmn i6n,m tapaM flame a m pfft mists. . STATR111ZM Off Mucy Loaa Nambe:: 0049191760 PsopeetT Ad&= 121 WALNOT ST, CARUBLE PA, 17013 O>ipW Leach.. ANE Mm*W Ssevieer, he Coot Leadmigadoee: AMC Mostpp Savkah fae. THIS ?IRK IS A DZBT COUSCWR ATIEWMG TO 00112= A DEBT. 7= NOTXM 15 BIMT TO YOU IN AN AT7ZMPT TO COW= TRi IIIDEDTZDNESS RZIZRRZD TO >l NE= AND ANY W031BUTEDN ODTAfNn SOX YOU WQL U UMM XM TRAT P RPOS L N VON HAVE PARY10USLY RECEIVED A DIKKAWR IN DANMZHDP WT, TRW COMSPONDENCE 18 NOT AND SBOUL10 NOT DZ CONSTRUM TO DZ AN ATTEMPT TO COLLECT A D=r, DUT ONLY ZIMACM`itYNT ON A Z=AGAIIW PltOPZZrY 17??1 is_aa 1 lk /ra! tl?a mwhmn on vwr hate h i ddrswX ad the' ' hd mdo is tereeJ The HOMZOWNM MORWAGZ ASSISTANCE PROGRAM MEW) an be aW M hob to savo.ore north Thh NWn emold w b w the symm works. This XWw taaWm hoprint heal iatarrsadaL HTaa hate aq pudesh npsasrMO u at tho Corsmw Chit Com oei= Aleae7 aq M Ak to help axA& IL low may else wart to combd art somusy i 7wr ans. Tho Meal bar amd actor tsar be AM to help you Rrd a 4wler. LA W07MCACZON IN A=N" ZS NZ SUMA DOORTANCIA, PUZS AMSCTA SU DZRZCHO A CONTIPMAX VIVW" IN SU CASA. SI NO COMPMI = IL CONTENIDO DR ZSTA N07MCLC20N ODTZNGA UNA TRADUCCION Ul®1TAN32M LLAKANDO ZSTA AGENCIA QENNSYLVANU HOUBWO FWANCZ AGZNCY) SIN CARGON AL NUlla1t0 MKCIONADO Ala bolas taaisaee as Dehwrn AbW Itfaetpp Sanity, Ise., is the eteks of Tam, Rhode blood, mdNaw Hspdnm !MORTGAGE SEICVICES SWA A1sa. CA 9X111-IOOa Ma" 02.2007 PBWNXZZS IASBMARY L DA77UVIC „, .. 121 WATINUT ST CAR139A. PA 17013.3836 is silos IIII111111IIIIt1111IIlI/llpoll I1II1111ItI111114111II ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO Este doameeto eapiioa oomo In peopiel wm & cases ptledet eviler puder so lopra &W& a d rmu de pagos. Pala infa msc" eri esp&M Dame a so pavinisla. STATZl1MM "POLICY Lose woobm 0049191760 Property Addmm 121 WALNUT Sr. CARLISLE PA. 17013 Osipled Lesder. AMC Motlpp SesiM Lc. Caaeat lmdWSIerview AMC MW" Services, bc. TWS MX 13 A DZIT COLT CCWR ATT1aQT11 G TO COUXCT A DZIPI. THIS XOTICZ IS SZNT TO YOU IiiAli ATTVnT TO COLL= TDZ IIOZDTZDNM RZYXIMM TO HZRZIN AND ANY W ORKATIOA ODTADIZD FROM YOV WD;L IN O3ZD FOR THAT PURPOS L D YOU I<AYR PNXV20ULY ZRCRVZD A DIDCHARM IN BANKRUPTCY, TMS cOZ>t>HPOIiDR1iCZ 18 NOT AND SEOIIS.D NOT XX CONSTRIM TO ZZ AN ATTMOT TO COLLZCT A DRDT. BUT ONLY WOORCZM39NT OF A LOO AGAMIT PROMMY. Tlk6 a SM" astks Hsttbs MU MM sr ner lens Is to ddak sod tle ImAw folea ft is fired Semlk bdkrm alien alwt tits natty of do ddak is wevided Y *a attedeed wean, TMs XgN0W WNRR18 N O1! GZ ASSISTANCE PROGRAM ORKM an b elk M kb to seta reor M e& Tlds NOw a wlabs lw the eswram weeks. Tik Nitta eeatalas ispereart k?l iafeeenWr. I•yM lace say t s1 upnaea- 9 - at ile ceneleer CreOt Cso nelle8 AWLey am be ab4ts Ydp mode k Yw may dse wart is ceded as dtssney fe per aces. Tie feed tar ansd4m my be We to help yes fled a lawyer. LA NOTMCAC14M Rfi AMOPTO RS DR SUVA VAPORTANCIA, PVZS ATSCTA W DZRXCCHO A CONTMVAR VIVIZxDO ]IN Sit CASA. SI NO CONPRR"Z ZL CONTZRIDO DR ROTA NOTMCACION ODTM "DNA TDAIMCCION U00AITAUMM LL&VA"O ESTA AGENCiA (PERK IYLVAFIA HOVWG NNANCZ AGZNCY) SIN CARGOS AL NUMMM NZNC30NADO Abdo dsisf bssieen a Deblesrs AMC Mmty p Swnew &. in do own d T.nti =Mode mnk asdmew Hmpebiw ARMA. PUZDZ8 SEE. LZGBLZ PARR UN PUATAMO POR EL PROGRAMA LLAMADO "HOW[ZGwIiE,R'8 XMIGENCY MORTGAGA ASSISTANCE, PROGRAW EL CQAL PMR SALVAR SO CASA BE LA MDIDA DE,L DE,R12CH0 A RE, VMR SQ HlPO'IZCA. H0M120W Z" l'IZRGE,NCY MORTGAGE ABMTANC12 PROGRAM VA: ON W YOII commY WITH TH12 PRoVmon'O? T= HolI6zowNzr$ uaag12NCY MOXTGAGE ASSUTANC12 ACT O! BU (9U "ACM VON WT AN ZLKMKX FOR. 12MWENCY MOST" AWWANC12s : IF YOIIiDZ:AIILT HAS DZIN C&VWD BY CMCUhWAWCZl ZKYOND YOUR CONTROL. : D YOIIHAVZ A REASONADL12 PROW= OF NZINGADLZ TO PAT YOUR MORTGAGE, PAT1112NT8, AND s lF TOU l[1212T OTHZR YLIGIlWLnT PRQIIl2>Od1211119 X11 ADLISIMD MY THE PIM WMYANIA ROWING VIKANCE, AGENCY. M99-2-All STAY OR )rOR12CL MM - IIder tb Act, you an eatitUi b a - - -, mi slat dose on roux mew ibs Aft (3o) &p from w dole dtW Nwb. Dmbg!tint dm yan most amp sd sand a ha to llce meek wh6 ode die caaoeaar area aonsaft amencloollow lift ad or#* Notia. Tm ¢9 0oaah ia..Ycl Oa lmoat>r Is bxd ads set f ilt a<Ha dad ofAia Ilotias l; is only asoesea} to sebsdde oats he"o-foe me ft AAwin your bWor i?medbtel>r of yw imoaNon. A ATl0W FOR MORTGAGi ASSIBTANC12- Yowmost w is is a defwlt *ff the scram set fm* Pisa is tb$ Nio/ice (aeelblloaiag pages tas spaciHc iaiosmatioa about ds Saban a(ronr detW1.) Itrow line !sled ad are aseble p nook* tbia psebkm wbf fe lades, yew bans tbe*U t4 apply for floncid ufialtsce from tie Homoswaeies Hdagncy Moelgage Apbume Paogmm. To do se, rod most M oat, Nga ad Sk a oompleed Homedasefs Emsrgaaoy Ambtaaos Program Applialioa wO am d$s deadpabd ooseamer aled<t ocumod i; ayeacies liided si tfe ed of tNa N aiaa Qalt oosssmei oedit oodiog agamolea bave appiiCadOu fa: the program aad!bey wilt saaiolrsa m aobsaiNLag a oosspiete sppiicstioa is ws Peaasylrasua Honing Fhmm y Agaaq: Yom appllatioa MOST belied or poslmadre l willia Wow (30) days ofyaas be*lo-foa meeting YOV MUT 711.12 YOVRAPTLICATION PROMPTLY. D YOV FAIL TO *0 50 01 13 YOV DO NOT POLLOW THE, OTDRR TUM PZWQD8 8E,T lORTH IN TKM lltrMl ,1POR12CL08URD K&T PROCIM AGARM YOUR HODa DOM ATZLY AND YOURAPFUCATION 1101 MORTGAGZ ASSISTANCR WILL DE, DENIM AGENCY ACTION - Avail" leads fos omoryoncy modM awkince ass vary lalw& They will be AWkw xd by the Agency der So olglift cdkda alaWral d by the Am The Paayhlaait Honing rmaam Agency hu rah' (60} dsya to antis a iodated afkr it tsceiaaapar app osti 1. Dsdag tat tide, >? fssedtoM procee H 9 w? be psrwd agabrst Toe gyoa btns and the tiro re4a®emeala set fast, abets. Yae rri8 b. asti8ed detsdlr by tba Pamglraaia Howsiag Pbmaa Agmy dib dedioa oayaar appltaBoa. Mw& 02, 200? Lm Number 0049191760 NOTM a YOU ARM CURIUMMY PROTIC SY TINC FILING OFA PZTTPION IN ZANIMI]MY, TU 30LLOWIIFG PART OF TRW NOTICZ 18 FOR 1N1ORKATSIN PC 008318 ONLY AND SHOULD NOT IM CON==ZD AS AN ATTZMUPT TO COLLZCT THZ DZDT. Off you bars Mod badwarW yes can ati ap* fir Adataeas.) NATURE OF THE DffirAULT -Tbe IriORTOA(X debt by the d*w kada oayaw paopaty haled at 121 WAUMT $T, CARLM E, PA 1701318 Sl0?IIOUSLY IN DEFAULT baaoa: A. YOU HAVE NOT MADE MONTHLY bMTOAGE PATAMM S Ow w *Vwbg moods od the foilowie8 soom" ate am pea dos: Oll01/07 tbaa 03I01l07 1/osm Pq wm b pin lots chage ar atier foam $346&00 Mbbrrsn Arwat to Carr Ddwltt U40M B. YOU HAVZ FAR" TO TA= THS FOLLOWING ACTION t7N ad an ita04 satnliesbkk NIA HOW TO CURZ 710 DSFAULT You may am tie dewltww TBIATY (30) DAYS of the dab of 66 actin Sr PAY010 TMZ TOTAL AMOUNT PAST DUZ TO T13= LZNDIM WRIER 18 •p0 PLUS ANY IdDRMOE PAYMENTS AND LATE CHARMS WHICH BBCOM DUB DURING THE TH Zff (30) DAYPMID. AMCMattop Sariaa P.O. Boa 5426 Carol Streat, IL 60197-3926 Yaw as cn0 aq odor dewM by teklos w h0 win; action wilt THIRTY (30) DAYS of tie dos aftbb leper. U YOU DO NOT CURZ TIM DFHAVU- Myn do not we tie ddnk IN 7ZMKTY (M DAYS a[w daw oftbb Nolios, 'Ns aretrtbstdts astts os ap belnoe of ah debt win be caaideesd an insaaiasb and yen apr lose 00 chasm a pq do DAYS, M ldee also i b factft sWonq e aoat kgdiwdo0 w b as mob wtOds THIRTY (30) IV TES MONIVA" 18 P' RVQQS1is UPON - The mwo*cd p apaty wit Is mold by *A S w iff to pq off w atoyOpe deM. if tb0 leader rdets year ease a ib attoosyq, bst you era tb0 del'sgaeagbeDas tb0 leader b? kplptrcadiap apioa yon, ]ca.rW a8l ba aegaaed b pay w aeaora6ie tMterasi?'a fba tbslwae ! , ape SS0.00. Horrsret; itlept pooeedia,e M skxbd svbd y0a, yon wit hart lopay al< matoable a8oney'e *a aatadly htoosdby w leader area Rd y esad 00.00 Amy atloaeal all fCa vm w added a the smaat ya vas tie kador, w>ddt aty aiao isclsde other reasoasbk coact. g.e. +?••?• de datLab - The lesdei mf abw ns yea peraoat?y tar tb0 apW pt bslaa and a>I other wan doe as ludw martpBe. FAULT MOR TO 8E9>t>FP'8 SALS -Hyoa itar0 not aced tie datiak wiDi and lxockasm ptacaedls8 ba" bqv% Cant 7wr ddalt is the massear art brit is tbN aetb as Ml¦ erNam 7wr resrfprp M tte smmu pssWss o Nyw tad menu dolkl L ZARLIMPOSMS SHERIM SALE, PATS - his coaled Switbe em%d dsb Ant sach a swan Sale otibe moelpa Pd Pop" am"be kM Maid % appsoa bokly (6) IADMUS Pam M dale attbis Nolice, A =*a ottis acted Me atria Mdit Sail w3S be seat to yam l -0 do rate. Otcomese? so m min a aadd to can tb dehaltMRl lacsom the is myoa wait. Yon may find oat at may lime exactly wm M ngwnd payment or action wM be by coatsctlog lie lmadaL SOW TO CONTA THE, LRI1DSRc Ab[C l[eat=ys eer.lea PO Ileac now SastaAsa. CA93711-1"@ PloysNmmbwso*430-SM Vw Number 9143474039 EPINCl' OF SAS SALIC - You sboald>t dln did a Skdit Salo MIR aid your oaraacsbip e(de biMSrit Coto xcaon yae aai 7wr ad o0ar bdoaplap ooaW be lcadar s a ASSUIIIa!lTION 01 MORTGA(iS - Yom _ am4y or_ X mq sot (C)D3C'? ONl3) set ar baus6er 7 m lone to a bMw or km dm who WE sssrsN the moaae dft powN d OW AI So erglndiap pmyimeaK ? and attosey's !ba and oats ere paid pain to or st Oe sale and tbal tbs ollax cogairemmb ctlle mo Wp scr wMdkd. YOU MAY ALSO HAn THZ Z=Tc : TO SELL THE PROPERTY TO OBTAIN MM Y TO PAY OFF THEMORTGA(iE DEBT OR TO BORROW MONEY PROM ANOTABRLERMO DISTI UTION TO PAY OFF THIS DEBT. s TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOURBEHALF. s TO HAVE THE WKXLTGA{M RESTORED TOTOB SAME POSMONAS NNO DEFAULT HAD OCCURRED. IF YOU CORE THE DEFAULT. QMMVE R, YOU DO NOT HAVE THIS RIGHT TO CURS YOUR DEFAULT MM THAN THSEE TnMS IN ANY CALENDAR YEAR.) : TO ASURT THE NOS OF A DEFAULT IN ANY FORECLOSURE, PRACBEDM OR ANY O4'HIHt LAWSUIT na TTU7ED UNDER 7M MORTGAGE DOCUM WM, : TO AS98RT ANY OTHffitDEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACIIDNBY THE TENDER. : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMM CRZDIT COVNSSLING AGXNCMS SS>RVING YOUR. COUNTY AI X ATTACMM Iiyw cad addiliosal aWOOMM or corasettra log =17 dw find a Horde; Coasscling Agency is 7w AXIS by caiig Toll-bee (NO) W94M of TDD (SM 899-8339. AMC Malpap Sanices Ca AMC Moft'e Samoa Attic: CoilectionsDgwha a Losa Nowbor; 004!191760 Mow by Tat am man mad by Calm" No Homeowners' Emergency Assistance Program CUNMERLAND COUNTY Adams County btwhM Housing Authority 40 E High Strad Gettysburg, PA 17325 (717) 334-1518 CCCS of Westem PA 2000 Lingiestoan Road Harrisburg, PA 17102 1-888-511-2227 Community Actim Commission of Captid Region 1514 Derry Street AarrisbalL PA 17104 (717) 232-9757 Lo"Aip, lnc. 2320 North Sth Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Pln' WeW& Avenue Waynesboro, PA 17268 (717) 762-328S PHFA 211 North Front Street Huriebarg, PA 17110 1-800-342-2397 EXHIBIT "k3" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), CIVIL DIVISION No. 07-3531 Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE VS. ROSEMARY L. BATHAVIC, Defendant(s). Filed on behalf of ROSEMARY L. BATHAVIC, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., CIVIL DIVISION as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- No.07-3531 Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), VS. ROSEMARY L. BATHAVIC, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), ROSEMARY L. BATHAVIC, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED. 2. Paragraph 2 is ADMITTED. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiff's complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., CIVIL DIVISION as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- No. 07-3531 Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), VS. ROSEMARY L. BATHAVIC, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) ROSEMARY L. BATHAVIC and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswovi-f*ific996n-,tp authorities. Fred W i itag 1V, Esquire BX,Atto L e r Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CO., CIVIL DIVISION as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- No. 07-3531 Through Certificates, Series 2003-8 Under the Pooling & Servicing Agreement dated as of August 1, 2003, Without Recourse, Plaintiff(s), VS. ROSEMARY L. BATHAVIC, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this July 19, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: JOSEPH A. GOLDBECK, JR. ESQUIRE GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 July 19, 2007 Date EXHIBIT "G 99 -r -r ....:. n. ?lcGLER ..t.DER Or DEEDS k;-ERL.AND COUNTY-f,% n3 JUL 2I flM 9 55 Prepared By:Ameriquest Mortgage. Company Return-To: Susan Mi•11 er 150 Corporate Center Drive, Suite 102,Camp Hill, PA 17011 Parcel Number: 1 .Ameriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 (Space Above This Une For Recording Data) MORTGAGE DEMNIITIONS Words used in multiple sections of this document are defined below and other words are. defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security instrument" means this document, which is datedJ u 1 y 16, 2003 , together with all hiders to this document. (B) "Borrower" is ROSEMARY 1. BATHAVIC, WIDOW Borrower is the mortgagor under this Security Instrument. (C) "Tender" is Ameri quest Mortgage Company Lenderisa Corporation 0049191760 -5697 PENNSYLVANIA - Single Family - Fannie MaWreddle Mac UNIFORM INSTRUMENT Form 3039 1/01 -6tPNlooom 07/16/2003 5:35:30 Pape 1 of 1e In"lalr. VMP MORMAOE FORMS - (0001521.7291 BK 1823PG4816 n? organized and existing under the laws of Delaware Lender'saddressis 1100 Town and Country Road, Suite 200 Orange. CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated] u l y 16, 2003 The Note states that Borrower owes Lenderni nety thousand two hundred fifty and 00/100 Dollars (U.S. $90, 250.0 0 ) plus interest. Borrower'bas promised to pay this debt in regular Periodic Payments and to pay the debt in fall not later than August 1, 2033 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." () "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider [--1 Second Home Rider Balloon Rider Planned Unit Development Rider 01-4 Family Rider HVA Rider Biweekly Payment Rider E:1 Other(s) [specify] (1) "Applicable law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct; or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (11) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: Q) damage to, or destruction of, the Property; (10 condemnation or other taking of all or any part of the Property; (M) conveyance in lieu of condemnation; or (iv) misrepresentations of, of omissions as to, the value and/or condition of the Property. tM) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (M "Periodic Payment" means the regularly scheduled amount due for Q) principal and interest under the Note, plus (u) any amounts under Section 3 of this Security Instrmment. 00491¢0 -5697 mte?e: (8 6(PA) (oooe) Page 2 of 16 07/16/2003 5:3-5:30 Form 3039 1101 BKI823PG4817 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the loan, and all renewals, extensions and modifications of the Note; and Q the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the C o u n t y [Type of Recording Jurisdiction] of C U M BE RLAND [Name of Recording Jurisdiction] Legal Description Attached Hereto and Made a Part Hereof, which currently has the address of 121 WALNUT ST CARLISLE ("Property Address' ): [f'edl [City], Pennsylvania 17013 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 0049191760-5697 rrewW-,jK6 (OVSWA) loom Pne*of 16 07/16/2003 5:35:30 Form 3o3s 1/01 8KIa23PG 48I8? s BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has. the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, bterest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fonds for Escrow Items pursuant to Section 3. Payments due under the Not and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by-Lender in accordance-with-the Mice-provisions-in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied finds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period•of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such finds will be applied to the outstanding principal balance under- the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the fature against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in wbich it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, And to the extent that, each payment can be 004911?60 - 5697 UM?r -e(PA)(ooos? Page 4of10 07/16/2003 5:35.30 Form-3039 1/01 BK i 823PG481.9 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments-shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with. the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, trees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any, such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment. of-Funds has-been waived by :Lender and, if Lender. requires, shalt furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall. then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the tin specified, under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shalt estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow. Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, amorally analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a. charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 0049191760-5697 ®®B{pA}(ooos) Page 6ot18 07/16/2003'-5-T5:30 5:30 F.rm3039 1101 BK 1823PG4820 .y shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual aocounft of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funls.held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall" pay to Lender the amount necessary to make up the shortagg in accordance with RBSPA, but in no more than 12 monthly payments. If there is a deficiency of Foals held in escrow, as defined under RBSPA, Lender shall notify Borrower as required by RESPA, and Borrower shalt pay to Lender the amount necessary to make up the deficiency in accordance with Rl3.SPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those procoedings_are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Inshument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying. the lien. Within 10 days of the date on which that notice is given, Borrower shall. satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected an the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which bender requires insurance. This insurance sbaR be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during -the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and traclong services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 00W411 0 - 5697 IT, '6(PA) (00081 Pape a of t8 07/16 /20 .3 0 Form 3038 1/01 BK I 823PG482 16 If Borrower fails to maintain any of the coverages de_scnUd above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become. additional debt of Borrower secured by this Security Instrument. These amounts shall bear imere$t at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice -from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies. shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold this policies and renewal certificates. If Lender requires, Borrower shall promptly give -to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage -to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Propertyrif the -restoration-or Tepair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a• single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees fur public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's-security would be lessened, the insurance proceeds shall be applied to tine sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided. for in Section2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does Aot respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bonrpwees rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than- the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 0049191760-5697 t?cu? -6(PA)toooei Paerof 1e 07/16/2003 5.35:30 Form 3039 1/01 8KI823PG4822 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall. not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair-or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such aninterior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums segued by a lien which has priority over this Security Instrument, (b) appearing in court, and (c) paying reasonable attorneys' fees to protect its interest in the Property and/oz rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 00491 60 -5697 4112VPAa10008) Page aofs 07/16/2003 5:35:30 Form 3039 1/01 BK l 823PS4823 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Inst ument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting nt. f this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantiially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments -as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstabeing the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a nonrefundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay Interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in fora from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreeuiRnts,will not increase the amount Borrower will owe for Mortgage Insurance, and duey wil not entitle Borrower to any refund 004919,760 -5697 I,IILials; (®8(PA) (WW Pape of le 07/16/2003 5:35.30 Fofn3039 1101 BK 1823PG4824 (h) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. U. Assignment of Miscellaneous Proceeds; Forfeiture. All Misi ellancom Proceeds are hereby assigned to and shall be paid to bender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. Daring such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken.promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous. Proceeds shall be applied in the order provided for in Section Z. In the event of a total taking, destraction, or loss in value of the Property, the Miscellaneous Proceeds sbalt be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, alter notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower hfiiscelianeous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's ,judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the- action or proceeding to be 0049-0 -5697 wdr.: iE -6(PA) (00°e) POP 70 of d 07/16/2003 5:35:30 Form 3039 1/01 BKI823PG4825 dismissed with a ruling that, in bender's judgment, precludes forfeiture of the Property or other material impairment of Lender's-interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid-to Lender. Ali Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the orderprovided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall. not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right ort remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors inlaterest of Borrower or in amounts less than the amount then due, shall-not be a waiver of or preclude the exercise of any tight or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer' & consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assignsof Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of expreds authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly probibited by this Security Instrument or by Applicable -Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment t0 Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 0049,760 - 5697 Mill ®6tPA1 tomw Pape 11 of Is 07/16/2003 5.35:30 FOrm3039 1/01 & l 823pG4826 have been given to Borrower when mailed by first class mail or -when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for nVorting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security .Instrument. 16. Governing Law; Severabiility; Rules of Construction. This Security Instrument shall be governed by, federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Imtnunent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender (b) words in the singular shall ratan and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation. to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sates contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prolu'bited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Inshumat without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. rf Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) -cures any default of any other covenants or Q0491zsf3 0 -5697 kdtlals: ? 40 -s(PA)toooei Q?•i?•'?e 07/16/2003 5:35:30 Form3039 1/01 1 g Bet agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; br (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations -secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note, Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (]mown as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan. Servicer other than the purchaser of the Note, the mortgage Ioan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loati Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to tale corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this pauhgraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 _and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous. Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Bnvimnmental Law and the following substances: gasoline, kerosene, othter flammable or toxic petrolcum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental. Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condiidoe means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 004910 -5697- Woods: ®6(PA) towel `9613011e 07/16/2003 5:35.:30 Form 3039 1101 BX1B23?84828 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Enviro nmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Prop" of small quantities of Hazardous- Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Bnvironmentai Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security lnstruunent (but not pn*or to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shalt notify Borrower of, among other f dW. (a) the default; (b) the action required to cure the default; {c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the mum-secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasng this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and-hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on time Now or in an action of mortgage foreclosure shall be the rate payable from time to time under the Not. 004919750 - 5697 Muw.: ®V(PAllowel Page 14 al 1e 07716/2003 5:35:30 Form 3039 1/01 0,1823PG4829 i BY SIGNING BBIAW, Borrower accepts and agrees to the terms and covenants contained in this security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: NOTARIAL SEAL ALBERT BUSSOLEM, Notary Public Lower Allen Twp., Cumberland County (Seal) (Sean -Borrower -Borrower (Sean Harrower (Sean Borrower 0049191760-5697 _ (Sean -Borrower _ (Sean -Borrower 4W6(PA)+00091 Page 16 of le 07/16/2003 5:35:30 Form 3039 1/01 BK1823PG4830 r T Certificate of Residence I,& 2. b , do hereby certify that the correct address of the within-named Mortgagee is ?C? 4 4 - 4- Cd±t?y ? ci?&44 CA ?2fof Witness my hand this to 1h day of J ? 0 O I " Day t ?r Agent of Mo ee known to me (or satisfactorily proven) to be the person(s) whose name(s)'Ware subscribed to the within instrument and acknowledged that he/sheAhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL ALBERT BUSSOLETTI, Notary Public Lower Allen Twp., Cumberland County My Commissiort Expires May 23, 2005 BKI823PG483I Title of Officer I Certify this to be recorded In Cumberland County pA Pap. 98 or 18 0049191750 - 5697 • 911t D?f"5:3 AM y, . Recorder of Deeds COMMONWEALTH OF PENNSYLVANIA CL'/-Pf-PL41 W County ss: On this the day of ? 44 before me, D on the undersigned officer personally appeared Date: 7/16/03 s } Order Nwober: 000013643 Re: Cloyd E. Bathavic 121 WALNUT STREET Rosemary L. Bathavic CARLISLE, PA 17013 CUMBERLAND County ` EXHIBIT 'A' ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by Walnut Street; on the West by property formerly of Brady Ashburn, now of Vernon Dolbeer, on the North by a private alley; and on the East by property formerl of Harry Miller, now of Mary Elizabeth Miller. HAVING a frontage or% said Walnut Street of 16 feet, 8 inches, and extending in depth the same width to said private alley in the rear 110 feet, more or less, and being improved with a two-story brick dwelling and other improvements; with the right of ingress or egress to the Grantees, their heirs and assigns, of and through that certain passageway or alley built in connection with the adjoining house on the West in common with the owner or occupants of the latter; togetherwith the further privilege of right of way over the 10 foot private alley in the rear of said lot ground. 8K 18 2 3.PG 4 8.3 2-•- ' Time: 10:47:46 AM Page: 6 of 6 Order Number 000013643 EXHIBIT d6a 99 ?3q0 e- Prepared 3y and Return To: Michael Smith GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Parcel ID#: 04-21-0320-465 R0-8ERT P. ZIEGLER KcC?3R0EP OF DEED Ct!M- ?3ERLAND COUtdTY-!" 2OOZ JUL fin 10 Oy ASSIGNMENT OF MORTGAGE AMERIQUEST MORTGAGE COMPANY (Assignor), for and inconsideration 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 COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE. DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, 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 ROSEMARY L. BATHAVIC, Mortgagor(s); to AMERIQUEST MORTGAGE COMPANY. Bearing date of: July 16, 2003; Amount Secured: $90,250.00; Recorded on July 21, 2003; in Book 1823, Page 4816; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 121 Walnut Street, Carlisle,PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED 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 appropria 11 rporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this day of JUNE, 2007. BKO738PG 1859 (Affix Corporate Seal) AMERIQUEST MORTGAGE COMPANY BY AMC MORTGAGE SERVICK INC. AS Name: Danik Rosas Title: Authorized Agent ss: STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) BE IT REMEMBERED, that on this Z?Iday of JUNE, 2007, before me, the subscn'ber, a Notary Public personally appeared ROSE C. LARA, 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 aclmowledged that they signed, sealed with the corporate seal and delivered the same as such officers afor d that the within instrument is the voluntary act and deed of such corporation made by virtue o Resolute of its of Direct s. Notary`I uhli I hereby certify the address of the Assignee is: 10801 S eet, uite 0, Rancho Cucamonga, CA 91730 Loan No.: 0049191760 Case #: 53260FC AI - ? Cow 1593909 ^ ryr,P?u_b_Bc - Ccr m". Ca?rrn_ wEjoi. O'? -- OK0738PG 1860 r Osdes ]ambers 00001360 Re: Cloyd E. eathevio 121 VAIM STXMT Rosesarg L. Bathavic CARLIBLS, PA 19013 cmmznm County ? rte, ALL mw CER'1'M lot of gmmd situate in the Bo=%Vh of Carlisles c maberlend county, Pennsylvania, bounded and described as follows ON the South by Walnut Streets am the peat by property fonarly of Brady Aehburn, now of VImmm Dolbees; an the Worth by a private alley; and on the East by property formed of Harry Miller, now of Diary Elizabeth Duller. HAVn* a frontage OA said Aal=t Street of 16 feet, S inches, and extending in depth the same width to said private alley in the soar Sao feet, more or less, and being improved with a two-story brick dwelling and other iuurp mmmaats; with the right of ingress or egress to the Grantees, their heirs and assigner of and tbrough that certain passageway or alley built in oonneet4 with the adjoining hoase on the West in OGalelo- with the owner or occupants of the latterl t9getb8swith the further privilege of right of way over the 10 foot private alley in the rear of said lot ground. Page: 6 ON MUM146 AM In= BK 18 2 3-PG 4 8.3 2- I Certify i.:ia _ acrd In Cumberland County F BK 0 7 3 8 PG 186 1 oF*rwmbw zw3 I BIT • Ao. 0049191760 - 5697 FIXED RATE NOTE THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. July 16, 2003 Orange CA [Dab) lckl [side] 121 WALNUT ST, CARLISLE, PA 17013 Fmp "ty Add-] BORROWER'S PROMISE TO PAY In return for a loan that I have received„ I promise to pay U.S. $ 90,250.00 (this amount is caged "prindpal"), plus interest, to the order of the Lender. The Lender Is Ameriquest Mortgage Company . I 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 "Note Holder." 2. 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 7.600 %. The interest rate required by this Section 2 is the rate I will pay before and after any default described in Section 6(8) of this Note. PAYMENTS (A) Time and Place of Payments I 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 September 1, 2003. 1 will make these payments every month until I have paid all of the principal and interest and any other changes described below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If, on August 1, 2033, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which Is called the "Maturity Date." I will make my monthly payments at: 505 City Parkway West, Suite 100, Orange, CA 92865 or at a different place If required by the Note Holder. (B) Amount of Monthly Payments My monthly payments will be in the amount of U.S.;637.24. 4. BORROWER'S RIGHT TO PREPAY I may repay this Note at any time as provided for In this paragraph. If the original principal amount of this ban is $50,000.00 or less, I may make a full or partial prepayment without paying any penalty. However, If the original principal amount of this Note exceeds $50,000.00, and if within the first 3.00 year(s) after the execution of this Mortgage, I make full prepayment or, In certain uses a partial prepayment, and the total of such prepaymeri s in any one (1) year exceeds twenty percent (20%) of the original principal amount, I will pay a prepayment charge ii an amount equal to the payment of six (6) months advance interest on the amount prepaid which is in excess of twenty (20%) of the original principal amount 5. LOAN CHARGES If a law, which apples to this loan and which sets maximum loan charges, Is finally interpreted so that the interest or other ban charges collected or to be collected in connection with this loan exceed the permitted Rings, then;. (1) any such ban charged shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (i) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. H a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO•PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder 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 Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. . (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If l am in default, the Note Holder may send me a written notice telling me-that if 1 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 paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice Is delivered or mated me. initials: ,- 1 of 2 0711 6=03 5:35:31) AM ANo. 0049191760 - 5697 (D) No Waiver by Note Holder Even If, 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 Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to be paid back by me for all its costs and expenses In enforcing this Note to the extent not prohibited by applicable. low. Those expenses iriclude, for example, reasonable attorney's fees. 7. GIVING 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 fist class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holier 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 a notice bf that different address. B. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personalty 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 Note is also obligated to do these things. Any person who takes over these obligations, huluding 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 its rights under this Note against each person Individually 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. 9. WAIVERS 1 and any other person 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. 10. 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 'Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep promises that I make In this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: 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 Lender's prior written oonsent, Lender may at its option, require Immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if prohibited by federal law as of the date of this Security Instrument. If the Lender exercises this option, Lender shall give Borrowet notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fags to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED ???r?Pi'?C hPf?l (Seal) (Seed) Borrower: ROSE Borrower: SSN: 1 7860 NOTARIAL SEAL SSN: ALBERT BUSSOLETTI, Notary Pubib Lower Men Twp., Cumberland County My Corra*alon May 23, 2005 -.? (Seal) 130-er: 6SN: • (Seal) Borrower. SSN: Initials:ee 2of2 07/1 912D03 6:35:30 AM EXHIBIT dsF 11y File History ® ED Current Loan Number (F-3-CONV): 0049191760/LBB File History Detail... Back word wrap:. On Sent: 8/6/2007 7:55:40 PM From: carmen armijo Read: 8/7/2007 12:34:34 PM Page 1 of 1 jaclynd (GOLDBECK) Read By: tabitha Topic: Tracking Numbers Message: I could not locate the green cards in our imaging system. The tracing info is: 7182 6389 3060 0981 8928 for Rosemary Bathavic dated 3-2-07 7182 6389 3060 0981 8935 for Todd Bathavic POA dated 3-2-07 (0.09375) (0) https://www.lenstarweb.comlloginllenstarlfilehistIShowHistory.asp?Select=CA&Sequence=... 8/8/2007 USPS - Track & Confirm UAOTEDSTATES POSTAL SERVICE* Track confirm ;arch Reslul>t Label/Receipt Number: 7182 6389 3060 0981 8935 Status: Your item was delivered at 12:30 pm on March 09, 2007 in CARLISLE, PA 17013. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. irasrar?e t1A iw Bowlt s T lfi er tf ltoew Page 1 of 1 Home I Help j Trask Confirm Trak & Ccl Enter Label/Receipt Number. ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 8/8/2007 Jaclyn Doyle From: U.S._Postal _Service- [U.S. Postal Service@usps.com] Sent: Wednesday, August 08, 2007 2:42 PM To: Jaclyn Doyle Subject: U.S. Postal Service Track & Confirm email Restoration - 7182 6389 3060 0981 8935 This is a post-only message. Please do not respond. Jacki doyle has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7182 6389 3060 0981 8935 Service Type: Certified Shipment Activity Location Date & Time ------------------------------------------------------------------------ Delivered CARLISLE PA 17013 03/09/07 12:30pm USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfaqs.htm 1 USPS - Track & Confirm UNITEDSTAM AWPUSTA1. SERVKE* Trek & Confirm Search Results Label/Receipt Number: 7182 6389 3060 0981 8928 Status: Your item was delivered at 12:30 pm on March 09, 2007 in CARLISLE, PA 17013. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offiine. Details a (D I ?ir io t1cr» Ifs > Page I of 1 Home I Help Track..&._Confirm Trick & Colftm Enter Label/Receipt Number. ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 8/8/2007 Jaclyn Doyle From: U.S.- Postal Service- [U.S. Postal Service@usps.com] Sent: Wednesday, August 08, 2007 2:43 PM To: Jaclyn Doyle Subject: U.S. Postal Service Track & Confirm email Restoration - 7182 6389 3060 0981 8928 This is a post-only message. Please do not respond. Jacki doyle has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7182 6389 3060 0981 8928 Service Type: Certified Shipment Activity Location Date & Time ------------------------------------------------------------------------ Delivered 12:30pm CARLISLE PA 17013 03/09/07 USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfaqs.htm 1 VERIFICATION THOMAS I. PULEO, 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. as I. Pul , Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE ATTORNEY FOR PLAINTIFF Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-3531 vs. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Jaclyn L. Doyle, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: LAW OFFICE OF FRED W. FREITAG, IV Fred W. Freitag, IV Esquire Greenfield Court 1041 Applejack Drive Gibsonia, PA 15044 JaVyn L. Doyle Legal Assistant Date: ' ?c't C ? ? ??: , ?, c'? ? ` ^.- ?; ?. _.-.- ,?,. a' =? c.? ° c :.?: IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. ROSEMARY L. BAT14AVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 ORDER No. 07-3531 AND NOW, this day of (94cfk2007, upon consideration of Plaintiffs Motion for Summary Judgment and Defendant's Response, if any, it is ORDERED and DECREED that Plaintiff s Motion is GRANTED; and that Summary Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $96,392.95, together with interest from July 01, 2007 to the date of Sheriff's Sale a foreclosure and sale of the mortgaged premises. Distribution list: _,Rfomas I. Puleo, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 ,Ffed W. Freitag, IV Esquire, Qreenfield Court 1041 Applejack Drive Gibsonia, PA 150441 S r_ c`7 I a 4 ?t -? 1 In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. Rosemary L. Bathavic (Mortgagor(s) and Record Owner(s)) 121 Walnut Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-3531 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 Rosemary L. Bathavic IN ACCORDANCE WITH SUMMARY JUDGMENT DATED 10/03/2007. Assess damages as follows: Debt Interest from 07/02/2007 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPEC FI D AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN R M THE COMPLAINT. i` I certify that written notice of the intention to file this praecipe was mailed or delivered t the party gainst whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leas to ay rior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. G Attorney fol I.D. #16132 AND NOW 0C+pbgj-_ ?`? ` , o20D7 Ju gmen is entered in favor of DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF ERIQUEST MOR AG SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE PO I & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE and against Ros ry L. Bathavic IN ACCORDANCE WITH SUMMARY JUDGMENT DATED 10/03/2007 in the sum of $96,392.95 as per the above certification. $96,392.95 " r thonotary d '0" IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- No. 07-3531 THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 VS. ROSEMARY L. BATHAVIC Mortgagor and Record Owner 121 Walnut Street Carlisle, PA 17013 k ? r ORDER AND NOW, this day of 2007, upon consideration of Plaintiff s Motion for Summary Judgment and Defendant's Response, if any, it is ORDERED and DECREED that Plaintiff's Motion is GRANTED; and that Summary Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $96,392.95, together with interest from July 01, 2007 to the date of Sheriffs Sale a foreclosure and sale of the mortgaged premises. Distribution list: Thomas I. Puleo, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 Fred W. Freitag, IV Esquire, Greenfield Court 1041 Applejack Drive Gibsonia, PA 15044 53260FC 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: July 12, 2007 TO ROSEMARY L. BATHAVIC 121 Walnut Street Carlisle, PA 17013 DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff Vs. ROSEMARY L. BATHAVIC (Mortgagor(s) and Record Owner(s)) 121 Walnut Street Carlisle, PA 17013 Defendant(s) TO: ROSEMARY L. BATHAVIC 121 Walnut Street Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-3531 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 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 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, Rosemary L. Bathavic, is about unknown years of age, that Defendant's last known residence is c/o Fred W. Freitag IV, EsquireGreenfield Court, 1041 Applejack Drive, Gibsonia, PA 15044, 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, otherwise within the provisions of the Soldiers' and Sailors' C vil R ief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. Rosemary L. Bathavic (Mortgagor(s) and Record owner(s)) 121 Walnut Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3531 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS ROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT D D AS OF AUGUST 1, 2003, WITHOUT RECOURSE, and against Rosemary L. Bathavic IN ACCORDA WITH SUMMARY JUDGMENT DATED 10/03/2007, in the sum of $96,392.95. Joseph A. Gol Attorney for F I hereby certify that the above names are correct and that the prec creditor is DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE 1 SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICAT POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2 6th Street Suite 130 Rancho Cucamonga, CA 91730 and that the name(s) ai Defendant(s) is/are Rosemary L. Bathavic, c/o Fred W. Freitag IV, Esquire Drive Gibsonia, PA 15044; GOLDBECK M BY: Joseph A. C Attorney for Pla 4nce address of the judgment RIQUEST MORTGAGE LIES 2003-8 UNDER THE 1ITHOUT RECOURSE 10801 known address(es) of the field Court, 1041 Applejack & McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/01/2006 through 06/30/2007 $87,271.77 $3,905.04 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Fees Recoverable Balance Escrow $4,363.59 $832.83 $900.00 $207.00 $231.95 -$1,319.23 $96,3-92.95 ,DBEC McCAFFERTY & McKEEVER Joseph Goldbeck, Jr. rnev for aintiff AND NOW, this 15`x' day of V C40 ber , 2007 damages are assessed as above. A/ LU44 A Pro Prothy -b4 C ? ? 0 rl t ril f Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff No. 07-3531 VS. Rosemary L. Bathavic (Mortgagors and Record Owner(s)) 121 Walnut Street Carlisle, PA 17013 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: Ber"t I%S1D] If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. No. 07-3531 Rosemary L. Bathavic Mortgagor(s) and Record Owner(s) 121 Walnut Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 07/02/2007 to Date of Sale at 7.6000% $96,392.95 (Costs to be added) ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by Walnut Street; on the West by property formerly of Brady Ashburn, now of Vernon Dolbeet; on the North by a private alley; and on the East by property formerl of Harry Miller, now of Mary Elizabeth Miller. HAVING a frontage on said Walnut Street of 16 feet, 8 inches, and extending in depth the same width to said private alley in the rear 110 feet, more or less, and being improved with a two-story brick dwelling and other improvements; with the right of ingress or egress to the Grantees, their heirs and assigns, of and through that certain passageway or alley built in connection with the adjoining house on the West in common with the owner or occupants of the latter; together with the further privilege of right of way over the 10 foot private alley in the rear of said lot ground. Tax parcel no: 04-21-0320-465 +Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. Rosemary L. Bathavic (Mortgagor(s) and Record Owner(s)) 121 Walnut Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-3531 DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 121 Walnut Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): Rosemary L. Bathavic c/o Fred W. Freitag IV, Esquire Greenfield Court, 1041 Applejack Drive Gibsonia, PA 15044 2. Name and address of Defendant(s) in the judgment: Rosemary L. Bathavic c/o Fred W. Freitag IV, Esquire Greenfield Court, 1041 Applejack Drive Gibsonia, PA 15044 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 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 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street Harrisburg, PA 17101 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 121 Walnut Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and coc information and belief. I understand that false statements herein are made relating to unsworn falsification to authorities. DATED: October 12, 2007 the be of my personal knowledge or t to the penalties of 18 Pa. C.S. Section 4904 GOLDBECK McC TX & McKEEVER BY: Joseph A. Go eck, , Esq. Attorney for Plai i -r; f7^ c-n r r 07-3531 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Rosemary L. Bathavic Mortgagor(s) and Record Owner(s) 121 Walnut Street Carlisle, PA 17013 Defendant(s Term No. 07-3531 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: BATHAVIC, ROSEMARY L. Rosemary L. Bathavic c/o Fred W. Freitag IV, Esquire Greenfield Court, 1041 Applejack Drive Gibsonia, PA 15044 Your house at 121 Walnut Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,392.95 obtained by DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS f e. 07-3531 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 COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, 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 I-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the 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. 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 8 Irvine Row Carlisle, PA 17013 07-3531 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3531 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 home retentiongg?oldbecklaw.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 53260FC. Para informacion en espanol puede communicarse con Loretta a1 215-825-6344. Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. Rosemary L. Bathavic Mortgagor(s) and Record Owner(s) 121 Walnut Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the atto y of action, and I further certify that this property is subject to Act 91 of 1983 an the P the provisions of the Act. Joseph A. G Attorney for NO. 07-3531 for the Plaintiff in this has complied with all Jr. ? C ? ? . .? -?," ? --i ? ; t r' ? , ,1f1 ?, y.? 3 _ ;:-? ? . ? ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3531 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 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 8/01/03, WITHOUT RECOURSE, Plaintiff (s) From ROSEMARY L. BATHAVIC (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 $96,392.95 Interest from 7/02/07 to Date of Sale at 7.6000% Atty's Comm % Atty Paid $151.80 Plaintiff Paid Date: 10/15/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs La/ l C-41,a " C is R. Long, Prothonot4y By. E C Deputy , REQUESTING PARTY: Name JOSEPH A GOLDBECK, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 0. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. Rosemary L. Bathavic 121 Walnut Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-3531 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE CD "MM7M:: p ? ' .s ?: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. Rosemary L. Bathavic 121 Walnut Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-3531 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE -- r:Y-? ? --? ?? f w?, ??# °"i:3 ,?. rt'? ? ? G.: ? Duetsche Bank National Trust Co. et al VS Rosemary L. Bathavic In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3531 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing $30.00 Poundage 1930.22 Prothonotary 2.00 Law Library .50 Levy 15.00 Surcharge 20.00 $1997.72 So Answers: &94? R. Thomas Kline, Sheriff B? a Real Estat Sergeant JJam' Ucr (.19 ql '203)3x T' Goldbe& McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. Rosemary L. Bathavic (Mortgagor(s) and Record Owner(s)) 121 Walnut Street Carlisle, PA 17013 No. 07-3531 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 121 Walnut Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): Rosemary L. Bathavic c/o Fred W. Freitag IV, Esquire Greenfield Court, 1041 Applejack Drive Gibsonia, PA 15044 2. Name and address of Defendant(s) in the judgment: Rosemary L. Bathavic c/o Fred W. Freitag IV, Esquire Greenfield Court, 1041 Applejack Drive Gibsonia, PA 15044 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: ACTION OF MORTGAGE FORECLOSURE 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 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street Harrisburg, PA 17101 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 121 Walnut Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and corre t o the be of my personal knowledge or information and belief. I understand that false statements herein are made s bj ct to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 12, 2007 GOLDBECK McC & McKEEVER BY: Joseph A. Go eck,? , Esq. Attorney for Plai ' i r f 07-3531 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 AUGUST 1, 2003, Plaintiff vs. Rosemary L. Bathavic Mortgagor(s) and Record Owner(s) 121 Walnut Street Carlisle, PA 17013 Defendant(s; Term No. 07-3531 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: BATHAVIC, ROSEMARY L. Rosemary L. Bathavic c/o Fred W. Freitag IV, Esquire Greenfield Court, 1041 Applejack Drive Gibsonia, PA 15044 Your house at 121 Walnut Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm. 2nd FL Courthouse to enforce the court judgment of $96,392.95 obtained by DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE i 07-3531 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 COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST 1, 2003, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3531 i I 07-3531 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.g_o_v 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 homeretentionggoldbecklaw.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 53260FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by Walnut Street; on the West by property formerly of Brady Ashburn, now of Vernon Dolbeet; on the North by a private alley; and on the East by property formerl of Harry Miller, now of Mary Elizabeth Miller. HAVING a frontage on said Walnut Street of 16 feet, 8 inches, and extending in depth the same width to said private alley in the rear 110 feet, more or less, and being improved with a two-story brick dwelling and other improvements; with the right of ingress or egress to the Grantees, their heirs and assigns, of and through that certain passageway or alley built in connection with the adjoining house on the West in common with the owner or occupants of the latter; together with the further privilege of right of way over the 10 foot private alley in the rear of said lot ground. Tax parcel no: 04-21-0320-465 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3531 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 2003-8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 8/01/03, WITHOUT RECOURSE, Plaintiff (s) From ROSEMARY L. BATHAVIC (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 $96,392.95 Interest from 7/02/07 to Date of Sale at 7.6000% L.L. $.50 Atty's Comm % Atty Paid $151.80 Plaintiff Paid Date: 10/15/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs /s/ Li'a. " C is R. Long, Prothono ry By: 4?' - 1k, a414 0' d' Deputy Name JOSEPH A GOLDBECK, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 JuU32.1as risa Iua2I ",l) ? TP llJ?g LOOZ `6Z jagopo :ajt,Q •uiaaaq pajeaodaoaul aauaaajaa still Xq put, Mann sttp tptm paig «V„ llglgxSl uo pagiaasap ,?Iinj wow `alsilivD Q `jaaajS inul*eAk I Z I st, paaaquxnu pue umou}I vd `f4unoD puvlaagu nD `g2noaog alsilmo ui palvnlts 44iodoid liew all u1 isamul s juvpuajap aui uodn patnal3jiaauS aul LOOZ `6Z aagol30 up I I # aILlS a1,81sg 118021 CERTIFICATION OF PFA COSTS Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 717-240-6195 CASE NUMBER 08-3531 DEFT'S NAME Walter E. Curvin 30 E. Bird Street Shippensburg, PA 17257 BALANCE DUE $213.00 BALANCE BROUGHT FWD 170 STATE SURCHARGE 260-184 • SHERIFF COST 502 • RESTITUTION • CUMBERLAND COUNTY PROTHONOTARY OFFICE VICTIM'S NAME: Shirelie Renee Pine ADD DELETE $ 100.00 $ $ 34.50 $ $ 78.50 $ • SURCHARGE BY ORDER OF COURT DATED $ $ • BAIL DATED $ $ • BAIL DATED $ $ • SURCHARGE BY ORDER OF COURT DATED $ $ SURCHARGE ORDER OF COURT DATED $ PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION $ RENEE SIMPSON, DP DATED: 7125/2008 Mailed to Defendant 7/25/2008