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HomeMy WebLinkAbout07-4313J GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Real Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant Term p 7 _ y 3 J3 ~'-~-~ Tom'' ~:~Cs~ ii. ACTIO~~'1VIQf~T~AG~ ~'~CLC 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 maybe 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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. PARR 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@,goldbecklaw.com. Call 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 inforniation. 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 54300FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, 10801 6th Street, Suite 130 Rancho Cucamonga, CA 91730. 2. The names and addresses of the Defendant is BRIAN E. MILLBURNE, 1465 Timber Brook Drive, Mechanicsburg, PA 17050, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 17, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1870, Page 2139. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January O1, 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 ....................................................................................$99,304.24 Interest from 12/01/2006 through 07/31/2007 at 8.8000% .... ...................$5,897.60 Per Diem interest rate at $24.27 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,965.21 Late Charges from 01/01/2007 to 07/31/2007 ....................... ......................$365.32 Monthly late charge amount at $52.19 Costs of suit and Title Search ................................................ ......................$900.00 Escrow Advance .................................................................... ......................$814.91 Fees ........................................................................................ ........................$87.00 Recoverable Balance .............................................................. ......................$122.00 Monthly Escrow amount $226.66 $112,456.28 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above maybe 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 $112,456.28, together with interest at the rate of $23.94, 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 Sheriff s Sale of the Property. By: 9~ ~ ~J LDB CK McCAFFERTY & McKEEVER BY: 70SEPH A. GOLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, KELLY L. RADER, 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 unsworn falsification to authorities. Date:July 18, 2007 #0083352724 -BRIAN E. MILLBURNE ~hi6itA Date: 6/16/2004 • Order Number: 000021489 ;te: Brian E. Millbnrne 1965 TIMBER BROOK DRIVE MECHANIC3BURG, PA 17050 CUMBERLAND County BRHIBIT 'A' ALL that certain Unit, being Unit No. 1975 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase Ii, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Paqe 35 and Right of Way Plan Book 11, Page 139 respectively, together with and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Conda~minium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and mattes which a physical inspection and survey of the Unit and Common Elements would disclose. Time: 4:02:44 PM Page: 6 of 6 BK 18 7 0 PG 215 5 Order Nwnber 000021489 rE.,~hi6it ~ P.o. Bo:110N Sa^taA^a,CA 92711-IdN ?1a2 6389 3060 0983 0838 BRIAN E MII.LBURNE :~~ ~ .~ 1465 TIMBER BROOK DRIVE MECIIANICSBURG, PA 17050 ,,AMC MORTGAGE SERVICES March 02, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documerfto explip Como los propietarios ~ casas pueden evitar perder sus hogares debido a demoras de pagos. Para information en espaiiol llame a su prestamista. STATEMENTS OF POLICY Loan Nnmber; 0083352724 Property Address: 1465 TIMBER BROOK DRIVE, MECHANICSBURG PA, 17050 Original Lender: AMC Mortgage Services, Imo. Cfsmnt Lender/Setviar: AMC Mortgage Services, Inc. THIS FIBM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOII IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOII WILT. BE IISED FOR THAT PURPOSE. IF YOII HAVE PREVIOIISLY RECEIVED A DISCHARGE IN BANHRIIPTCY, TffiS CORRESPONDENCE IS NOT AND SHOIILD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BIIT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Tits is u olfieial aotiee ti<at tie mortaaee oa vur lose is ~ ddaak. ud tie leader iateads to foreclose. Soeedic iafermatioa abo^t rie aataro of tie ddult is off+ovided is tie attacied aafta. Tie HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM iHEMAP) sav be able to iela to save vaar tome. Tits Notice e:olaias tow tie arotras works. Ts see i[ H)EMAP eu ido. yaa mast MEET WITH A CONSIIMER CREDIT COIINSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Tale tits Notice wilt .a wiea ~aa meet wits tie Cousdiai Atacv. Tie name. addeee ud nioae amber of Cofffsffuaer Credit Ce^ffudfaa Atereies serviaa voar Coral. are listed at tie ad a[ tiffs Netiee. If va have u. a^esdofffs, soa sav call tie Pesfasdvatia Hwffiaa Fiauce Aicacv toll fete rt 1-80042-2397.(Persoas wilt ®oaired ieari•e eu call (717) 78!-IliffL Tits Notice eoataias imporrtast kpal informatics. U you lave uy gaatioas, represeatativa at tie Coas^mer Credit Coaasdisi Agency may be able to ielp ezplaia it. Yea may also oral to eoataet u altoney ifs your area. T'ie leeal bar assoeiatioa may be able to hdp you find a lawyer. LA NOTIFICACION EN ADJIINTO ES DE SIIMA 1MPORTANCIA, PIIES AFECTA SII DERECHO A CONTINIIAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTII+TCACION OBTENGA IINA TRADIICCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOIISING FINANCE AGENCY) SIN CARGOS AL NIIMERO MENCIONADO Also doing bnai^eas es Delaware AMC Mortgage Services, Inc., in tie states of Texes, I1Lade Island, and New Hampshve. ARRIBA. PIIEDES SER ELEGIBLE PARR IIN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CIIAL PIIEDE SALVAR SII CASA DE LA PEBDIDA DEL DERECHO A REDIMIlt SII HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOII MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WffiCH CAN SAVE YOIIR HOME FROM FORECLOSIIRE AND HELP YOII MARE FIITIIRE MORTGAGE PAYMENTS IF YOII COMPLY WPI'H THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOII MAY BE ELIGIBLE FOB EMERGENCY MORTGAGE ASSISTANCE: T IF YOIIR DEFAIILT HAS BEEN CAIISED BY CIRCIIMSTANCES BEYOND YOIIR CONTROL, z 1F YOII HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOIIR MORTGAGE PAYMENTS, AND z IF YOII MEET OTHER ELIGIBILITY REQIIIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOIISING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSIIRE -Under the Ad, yon are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notix. During that time yon meet arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the e~ of this Notice. TffiS MEETING MIIST OCCIIR WITHIN THE NEXT (301 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. CONSIIMER CREDIT COIINSELING AGENCIES - If yon met with one of the eonsu~r credit counseling agency Sxud at the end of this Mice, the lender may NOT take adios agaiort you for thirty (30) days after the date of this meeting. The names. addresses and ukphas<e aombers ad designated consumer credit oomseliag agencles for the county in which the p o~erty ix located are set forth at the end of this Notice. It ix only necessary to rchedde one fax-to-face meeting. Advise your lender immediately of your inteationa. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reasons set forth titer in thin Notix (see folbwing pages for spxiSc information shoat the suture of your default J if you have tried and are unable to resolve this problem with the lender, yon have the right to apply for finsncial arsirlance from the Homeownet'x Emergency Mortgage Assistanx Program. To do so, you mast fill oat, sign and Ste a completed Homcownei'x Emergency Assistance Program Application with one a~f the designated consumer eted"A oonnseSng agencies Saud at the end of this Notix. Only consumer credit eoanreliog agencies have applications for the program acrd they wrll assist yon in submitting a oompkte application to the Pennsylvania Hoaxing Finance Agency. Your appScatioa MUST be filed or postmarked within thirty (30) days of your fax-W-face meeting YOII MIIST FILE YOIIR APPLICATION PROMPTLY. IF YOII FAII. TO DO SO OR IF YOII DO NOT FOLLOW THE OTHER T1111IE PERIODS SET FORTH IN TffiS LETTE$ FORECLOSIIRE MAY PROCEED AGAINST YOIIR HOME IIYIIY~DIATELY AND YOIIR APPLICATION FOR MORTGAGE ASSISTANCE WII,L BE DENIED. AGENCY ACTION -Available fonds for emergency mortgage asaislanx are very limited. They will be disbarred by the Agency under the eSgibiliry criteria established by the Act The Pennsylvama Housing Fimnce Agency has sixty (60) days to make a decision after it receives your appScattion. Daring that time, no forecbrare proceedings will be pursued against you if you have and the time regnirementa ad forth above. You will be notified directly by the Pennsylvania Hoaxing Finanx Agency of its decision on your application. March 02, 2007 Loan Nmnber: 0083332724 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FII.1NG OF A PETTI'ION 1N BANE:RIIPTCY, THE FOLLOWING PART OF THIS NOTICE I3 FOR INFORMATION PURPOSES ONLY AND SHOIILD NOT BE CONSIDEBED AS AN ATTEMPT TO COLLECT THE DEBT. (It yon have filed bulcnptey you eau still apply for Emersdtcy Mort~a~e Assistaaca) HOW TO CIIRE YOUR MORTGAGE DEFAULT Brine it as to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on yom property located at: 1465 TIMBER BROOK DRIVE, MECHANICSBURG, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months end the following amoaffia are now past due: 01/01/07 thrn 03/01/07 Minimum Payments plea late charge or other fees: 52913.42 Miaimm Amoaat to Care Default: 52913.42 B. YOII HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use it sot analkabk): N/A HOW TO CIIRE THE DEFAIILT -You may core the default within THIRTY (30} DAYS ~ the date of this notice BY PAYING THE TOTAL AMOIINT PAST DIIE TO THE LENDER, WHICH I3 52913.42 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PAymcnts mast be roads either by sc ah_ier'a check cerlised ~ikrk or manev order made payable and sent to: AMC Mortgage Services P.O. Bos 5926 Carol Stream, IL 60197-5926 Yon can cam any other ddauh by toting the following action within THIRTY (30) DAYS at the date of this letter. (Do not use if not a~plicableJ N/A IF YOU DO NOT CIIRE THE DEFAULT-If yc-n do not wre the default within THIRTY (30) DAYS of the date of thin Notice, the leader iateads to eureise its rierh is aoeelerate rie morttl~e debt. Thin means that the edire oWStsadiag balance of this debt will be considered doe immediately and yon may loan the chance to pay the mortgage in moffihly installments. If Poll payment of the total amoral peat doe is not made within THIRTY (30) DAYS, the leader also i~eada to instruct its attorneys W start legal action to toreel~aeoa your m~rt..aed P~~- IF THE MORTGAGE IS FORECLOSED IIPON -The mortgaged property wr71 be sold by the Shetiffto pay a~ff the mortgage debt. If the lender refers your case to rts attorneys, bat yon care the delinquency before the lender begins legal proceedings against yon, you will still be regoied to pay the reasonable atlornry'a fees that were actually incurred, cep to s30.00. However, if legal pmoeediags am started against yoe, you will have to pay all reasonable attorney's fee actually incurred by the leader even if they exceed SS0.00. Any attorney's fees wr71 be added to the amount you owe the lender, which may also include other reasonable costs. U vas are the detaak within the THIRTY (~ DAY period. yea wi! sat be repaired to pay attoner's tees. OTHER LENDER REMEDIES -The leads may also one you personally for the unpaid principal balance and all other amna doe under the mortgage. RIGHT TO CIIRE THE DEFAIILT PRIOR TO SHERIFF'S SALE - If you have not cared the defank within the THIRTY (30) DAY period and foreclosure proceedings have begun, vea still have the riabt to care the default and prevent the sale at any h'me nn to as hum befom the Sheriff's Sale. Yoa may do ao by navin= the minimum amo~t then peat dne,,y)~ late or other charges then due., reasonable attorney's fees and costa comectrd with the forecbsare sale and env other costs connected with the Sheriff's Ssle ss rpeciffed is writing by the lender and by ~~n~-~ uerformmg~ny homer regairements u~~ the mortgage Carin= year ddult is the rouser set forth is this notice wtll restore your mortp`e to the same positbn u it yaa bad sever defulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged properly could be hold would be approximately (6) MONTHS from the date of this Notice, A notice of the adral date of We Sheriffs Sale will be sent to yor before the sale. Of coarse, the amomU needed to cure the default will increase the huger 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 Morlfa~e Services PO Box 11000 Santa Asa, CA 92711-1000 Phone Number >f00-430-5262 Fu Number 714-347-5037 EFFECT OF SHERIFF'S SALE -Yon should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you co~inre W live in the property after the Sheriff s Sale, a lawsuit to remove yor and yorr furnishings a~ other belongings could be slatted by the lender at any time. ASSIIMPTION OF MORTGAGE - Yor _ may or R nay sot (CHECK ONE) setl of transfer your home to a buyer or transferee who will asstane the mortgage debt, provided that all the owstanding paymemq charges and attorney's fees and ousts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOII MAY ALSO HAVE THE RIGHT: : TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. : TO HAVE THE MORTGAGE RESTORED TO THE SAME POSTI'ION AS 1F NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TUNES IN ANY CALENDAR YEAR) : TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSIIMER CREDIT COUNSELING AGENCIES SERVING YOIIR COUNTY ARE ATTACHED If you need additbnal assistance or carnseling you may also find a Horsing Counseling Agency is your area by calling Totl-free (800) 369-4287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Deparbnent Loan Number; 0083332724 Mailed by 1st Class Mail sad by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adana County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717)334-1518 CCCS of Western PA 2000 Lmglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (? 17) 232-9757 Loveahip, Inc. 2320 North 5th Street Harrisburg, PA 17110 (711) 232-2207 Matanatha 43 Philadelphia Avenue Waynesboro, PA 17268 (?17) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 A~AWIMC~1t-E{ ~~ ^? L~ `@ ~„~ [__` 'i'7 Z r t"~ =-~ ~ O ~ ~`` -~,r J ~ J h ~_' v ., _~ i..: ...~ a Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 7N TAL' (`lliTi?T l1Ti !`(1MMl1N U7 Ti A C (''TTMRTi AT A NP ('(1TTNTV PTi NNCV7 V d Ni A Deutsche Bank National Trust Company CIVIL ACTION Plaintiff FORECLOSURE v. Brian Millburne NO: 07-4313 Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the above named defendant(s) in the above matter. Date: ~ ~ 3 d Attorney for Defendant(s), Michael E Stosic, Esq Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 (215) 215-913-5300 t> ~ ~ ~ --{ W.~ G r- ;+ -:,, , f ~' ~:a ~_ _ ,_ ~,-, -- r _ i. y ~~ . ,~ ~ Rl ;: ~ °~ .~ LL Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 IN THE CniiRT nF f nMMnN Pi.F.AC ~TrMRFRr.eNn rnTr~rTV ATi tvivCVT VANTA Deutsche Bank National Trust Company Plaintiff v. Brian Millburne Defendant CIVIL ACTION FORECLOSURE NO: 07-4313 lletendants, through counsel, hereby submit the following Preliminary Objections and Memorandum of Law in support thereof I. PRELIMINARY OBJECTION PURSUANT TO 1028(a) (2) IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS COMPLAINT FOR FAILURE TO CONFORM TO A LAW OR RULE OF COURT Pursuant to 1147(1)) objection is made to the Complaint pursuant to a failure to conform to a court rule. Pa.R.C.P., 1147(1) sates that "The plaintiff shall set forth in the complaint the parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments." 2. By averment of the Plaintiff, the mortgage assignment has not been recorded as such there is no place of record and/or proof of ownership as the assignment is not attached. WHEREFORE, Defendant respectfully requests that this Honorable Court sustain Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the owner of said mortgage and thus have standing to said bring said complaint. II. PRELIMINARY OBJECTION PURSUANT TO 1028(a) (5) AS PLAINTIFF HAS A LACK OF CAPACITY TO SUE 3. Plaintiff has not presented evidence that it is the owner of the mortgage rather it has just avers that it has applied for the assignment of the same. 4. Plaintiff offers no proof of title to the mortgage and thus has no right under the mortgage and thus has not standing to bring this suit. 5. If Plaintiff is holder by assignment at a minimum the assignment should be attached as an Exhibit. WHEREFORE, Defendant respectfully requests that this Honorable Court sustain Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the owner of said mortgage and thus have standing to said bring said complaint. Respectfully, Michael E Stosic, Esq. Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 1N THF. CniTRT nF C"(lMM(lN PT.FAC C'TTMRFRT.ANn f'!)TTNTV PFNNCVT VAN7A Deutsche Bank National Trust Company CIVIL ACTION Plaintiff FORECLOSURE v. Brian Millburne NO: 07-4313 Defendant MLMU1ZANllUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS Facts Plaintiff alleges Defendant has defaulted on said mortgage. Plaintiff filed a complaint in foreclosure of said property. Plaintiff filed said complaint prior to being the rightful owner of the mortgage on the property. Plaintiff now file the Preliminary Objections and Memorandum of law in support thereof. Legal Standard "One of the most stalwart propositions of the law is that, in order to maintain an action, a party must have standing;." LaI v. Ameripuest MortQ. Co.. 2004 PA Super 302 quoting Jefferson Bank v. Newton Assocs., 454 Pa. Super. 654 686 A.2d 834 838 (Pa. Super 1996 DOES PLAINTIFF HAVE CAPACITY TO SUE WHEN PLAINTIFF IS NOT THE OWNER OF THE MORTGAGE? Legal Argument. "One of the most stalwart propositions of the law is that, in order to maintain an action, a party must have standing." Lal v. Ameriguest Mort. Co., 2004 PA Super 302 quoting Je erson Bank v. Newton Assocs., 454 Pa. Super. 654 686 A.2d 834 838 (Pa Super 1996 In the case at hand, the Plaintiff just avers that the mortgage is in the process of being assigned and/or recorded. The Plaintiff has shown no proof of ownership. The Assignment is not recorded so it cannot be incorporated by reference and the assignment is not attached as an Exhibit. As such, the Plaintiff has no standing to sue until such time Plaintiff can prove proper ownership of the mortgage. This honorable court cannot take for granted that the mortgage assignment is proper and/or legal and/or allowed and/or valid and/or even in existence. This court must require some minimum burden to prove standing. It is a fact that there is no document on record or attached as an Exhibit showing ownership by the Plaintiff. Plaintiff must be the proper owner to have standing. If you allow this claim to stand then you are creating a situation where anybody could walk into court to sue with no burden of proof. Wherefore, Defendant respectfully requests that this Honorable Court sustain Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the owner of said mortgage and thus have standing to said bring said complaint. Respectfully, J,. Michael E Stosic, Esq. VERIFICATION I, Michael E Stosic, Esq. do verify that the statements made in said motion are true and correct. The reason for the substitute verification is that Defendants and counsel are hours away and time is of the essence to file said motion. Defendant will send a substitute verification. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifications. GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 7OI MARKET STREET PHILADELPHIA, PA 19106 (215)627-1322 W W W.COLDBECICLAW.COM ATTORNEX FOR PLAIlYTIFF ~ NEiiE6Y GEF~TIFY THAT THIS ~S A TRUTHE ORIGINAL FlLEI~~v O~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Real Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant Term p 0 7- Y 313 C`uic:~ ~~ r.IVi1. ACTIO~:1N01~iTC~'iAGE f~OALCt 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, FA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ~ld~ t~S.~ - . .. ' ~ ,~t,~l~t~li~a-' restlmoa ~ ~ ,Y } the seal of &a..i•; °~...: } ?~ c',ar{Isir, i~, 'r 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. PARR DEFENDERSE ES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CN1L 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 PROSECUTR co1`1 EL PROCESO S1N 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 ~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TEL$FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACIbN DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, $STA OFICINA PUEDE PROVEER$ INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMP'T'ING TO COLLECT A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE 1DEBT. 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 maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attomey call either of the following numbers: or 717- 243-9400. 2). Ca11 the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.lov 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~goldbeeklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-b318 or Fax: 215-825-6418. Please reference our Attorney File Number of 54300FC. Para information en espanol puede communicarse con Loretta al 2l 5-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMFA T ST MORTGAGE SECURITIES, INC., ASSET-BACKED PAS _ 2004-RS, UNDER THE POOLING AND SERVICING AG T 1, 004, WITHOUT RECOURSE, 10801 6th Street, Suite 130 Rancho Cu g , 0. 2. The names and addresses of the Defendant is BRIAN E. MILLBURNE, 1465 Timber Brook Drive, Mechanicsburg, PA 17050, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On June 17, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1870, Page 2139. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 10I9(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 aze due and unpaid for January O1, 2007 and each month thereafter and by the tenors 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. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$99,304.24 Interest from 12/01/2006 through 07/31/2007 at 8.8000% .......................$5,897.60 Per Diem interest rate at $24.27 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,965.21 Late Charges from Ol/01/2007 to 07/31/2007 ....................... ......................$365.32 Monthly late charge amount at $52.19 Costs of suit and Title Search ................................................ ......................$900.00 Escrow Advance .................................................................... ......................$814.91 Fees ........................................................................................ ........................$87.00 Recoverable Balance .............................................................. ......................$122.00 Monthly Escrow amount $226.66 $112,45628 If the Mortgage is reinstated prior to a Sheriffs Saie, the Attorney's Fees set forth above maybe less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania Iaw. 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 terns judgment in mortgage foreclosure in the sum of $112,456.28, together with interest at the rate of $23.94, 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: ~ • - .~ LDB CK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDHECK, JR., ESQUIRE ATTORNEY FOR PLAIlVTIFF VERIF.[CATION I, KELLY L. RARER, 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 unsworn falsification to authorities. Date:July 18, 2007 #0083352724 -BRIAN E. NIILLBURNE ~hiditA Dale: 6/f6/2004 , Order Nnmbsrs 000021489 }ie: Hrian E. tlillbnzae 1465 TIMBER BROOK DRIVE HECBANICSBURG, PA 17050 CUMBERLARD County fiXB:'BST 'A' AW, that certain Dn1t, being Unit No. 1475 (the "Unit"), of Timber Chase iI, A Toxnhome Condoa~inivs (the "Coadoaiaium"), Socated is Hasopdsn Townahig, Cusnberlaad Connty, Pennsylvania, which Unit is designated in the Declaration of Condcaiinium o! Timber Chase II, A Towahome Condominium (the "Declaration o! COndOmiAinm") and Declaration Plats and Plana recorded in the office of the Cuaberland County Recorder of Deeds in lSiacellaneous Book 573, Page 35 and Right of Ray Plan Book 11, Page 139 respectively, together with and all amendments thereto. TOGETSER with the undivided percentage interest in the Common Elements appurtenant to the Dnit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETRER xith the right to use the Limited Common Elements applicable to the Dnit being conveyed herein, pursuant to the Declaration of Condominium and Osalaration plats and Rlans, as last amended. UNOEA AND HUB~7BCT to any and all covenants, coaditioaa, restrictions, rights+of-way, easements and agreements of record is the aforesaid Office, the aforesaid Declaration of Condominium, and autttes which a physical inspection and anrvey of the Dait and Common Slsmenta would disclose. 1'Ima 4:O2;Mf PM Page: 6 of 6 8K ! 8 7 0 PG 2! 5 5 Ufdar Nuafber ~0oo2,4N `"~ ~' ` c7 -~; -~~ ~_ ~::~ ~ ~ ~~ _. ~,_~ w _.. =- :,r '~ ~ .. . , _. - r _. ~ ..[~. ` ,17 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MILLBURNE BRIAN E KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLBURNE BRIAN E the PLAINTIFF at 1905:00 HOURS, on the 1st day of August 2007 at 1465 TIMBER BROOK DRIVE MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day of , So Answers• /. ~~ R. Thomas Kline 08/02/2007 GOLDBECK MCCAFFERTY MCKEEVER By: A.D. GOLDBECK McCAFFERTY & 11~IcKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #1b132 SUITE 5000 - MELLON INDEPENDENCE CEN~'ER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF _ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGFa SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDERITHE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintrff vs. BRIAN E. MILLBURNE Mortgagor and Real Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CTi~IL ACTION -LAW AMENDED ACTION OF MORTGAGE FORECLOSURE Term No. 07-4313 CIVIL TffiS FIRM IS A DEBT CO~LECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR IENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOIL THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against ~ claims sat forth in the following pages, you must take action within twenty (20) days alter the Comphrint and notice are served, by erring a written appearance pecsomlly or by sttmney filing in writing with the court your defe~ea or objections fo the chinas set forth against you. You aro warned that if you fail to do so the cue may psoceed without you sad a judgment may entered agai~t you by the Court without further notke for any money claim ®the CompLint of for any other claim or rolief requaatod by tha Plein~ You may low monry or property or riQbb iooportant to you. YOU SHOULD TAKE THIS POPER TO YOUR LA AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND lWf WHERE YOU CAN G LEGAL HELP. QUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 hv®e Row Carlisle, PA 17013 717-243-9400 LE HAN DEMANDADO A USTED EN LA CORTE. SI AVISO ESEA DEFENDERSE CONTRA LAS QUE)AS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SER CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU AHOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, P[JN'I'O DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEIAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA D DA, SE PUEDE PROSEGUIR CON EL PRt7CES0 SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y UERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZAN DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DIN O, PROPIEDAD U OTROS DERECHl75 IMPORTANTES. LLEVE ESTA DEMANDA A UN ABO('iADO IMMED TEAMENTE. ' SI NO CONOCE A UN ABOGADO, LLAME AL "LA R REFERENCE SERVICE" (SERVR;10 DE REFERENCIA DE AHOGADOS), (215) 238-6300. UMBERLAND COUNTY BAR ASSOCIATION 2 [a'berty Avenue Carlisle, PA 17013 LEGAL SERVICES [NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AMENDED COMPLAINT IN 1VtORT,GAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK N TIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLIN AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, 10801 6 h Street, Suite 130 Rancho Cucamonga, CA 91730. 2. The name and address of the Defendant is BRIAN E. MILLBURNE, 1465 Timber Brook Drive, Mechanicsburg, PA 17050, who is ithe mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 17, 2004 mortgagor mad described to AMERIQUEST MO the Recorder of Deeds of Cumber to: DEUTSCHE BANK NATIO: MORTGAGE SECURITIES, INI 2004-R8, UNDER THE POOLII~ WITHOUT RECOURSE by Assi Cumberland County Recorder of the Assignment of Mortgage is at executed and delivered a mortgage upon the premises hereinafter CGAGE COMPANY, which mortgage is recorded in the Office of rid County as Book 1870, Page 2139. The mortgage was assigned ~L, TRUST COMPANY, AS TRUSTEE OF AMERIQUEST ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, rnent of Mortgage dated July 26, 2007 and recorded with the ;eds on August 1, 2007 at Instrument No. 2007-30057. A copy of ;hed hereto as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due January O1, 2007, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for ~ period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on''~,the mortgage: Principal Balance Interest from 12/01/2006 through 07/31/2007 ~t 8.8000% Per Diem interest rats at $24.27 Attorney's Fee at 5.0% of Principal Balance Late Charges from O 1 /01 /2017 to 07/31 /2007 Monthly late charge amount at $52.19 Costs of suit and Title Search Escrow Advance Fees Recoverable Balance Monthly Escrow amount $226.66 7. If the Mortgage is reinstated prior than the amount demanded based c conformity with the Mortgage and to 5% of the remaining principal b Sheriffs Sale or if the complexity demanded in the Action. $99,304.24 $5,897.60 $4,965.21 $365.32 $900.00 $814.91 $87.00 $122.00 $112,456.28 a Sheriffs Sale, the Attorney's Fees set forth above maybe less work actually performed. The Attorney's Fees requested are in rnnsylvania law. Plaintiff is entitled to collect Attorney's fees of up once in the event the Property is sold to a third party purchaser at 'the action requires additional fees in excess of the amount 8. Plaintiff is not seeking a judgment Defendants in this Action but rese~ right exists. If Defendants have re proceeding, this Action of Mortga~ liability that was dischazged in Bay pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose a been sent to Defendants by Certif Commonwealth of Pennsylvania, attached hereto as Exhibit "C". T required time and Plaintiff has no through the Plaintiff, the Pennsyl` Counseling Agency. "personal liability (or an "in„personam" judgment) against the ;s its right bring a sepazate Action to establish that right, if such ivied a dischazge of their personal liability in a Bankruptcy Foreclouure is, in no way, an attempt to re-establish the personal ruptcy, but only to foreclose the Mortgage and sell the Property a Notice of Homeowners' Emergency Mortgage Assistance has and regulaz mail, as required by Act 160 of 1998 of the the dates set forth in the true and correct copy of such notices Defendant has not had the required face-to-face meeting within the owledge of any such meeting being requested by the Defendant is Housing Finance Agency, or any appropriate Consumer Credit WHEREFORE, Plaintiff demands judgm nt in mortgage foreclosure in the sum of $112,456.28, together with interest at the rate of $24.27, per day and ~ther expenses incurred by the Plaintiff which are properly chazgeable in accordance with the terms of the mortg~ge, and forth or 1~~~`~,~/ ~,he mortgaged premises. By: GOLDBECK McCAFFER'fY~Gc McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Carmen Armiio as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand 'that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsificati~onpto authorities. Date 8- ~ O -~~ By:Ameriquest Mortgage Company as Attorney in Fact by its authorized agent AMC Mortgage Services Inc. ~ .. aNm4~~ #0083352724 - BRIAN E. N4ILLBURNE . '' ~! VERIFICATION JOSEPH A. GOLDBECK, JR. h eby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Amended C mplaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements made subject. to the penalties of 18 P.S., section 4904. ', Joseph A. Goldbeck, Jr., Attorney for Plaintiff EXHIBIT "~ " .~ Prepared By and Return To: Dan Callahan GOLDBECK McCAFFERTY & EVER Mellon Independence Center -Suit 5000 701 Markct Street Philadelphia, PA 19106-1532 215-627-1322 Parcel ID#: 10-15-1283 -011-u34 ASSIGNMENT OF MORTGAGE AMERIQUEST 11~$ORTGAGE COMPANY (Assignor), for and in co~.sideration of the. sum ~f Ten Dollars_(~10.00). and other good. and.valuable ecrosidetation, the receipt of which is acknowted does great, bargain, X11, assign and transfer to DEUTSCHE BANK NATIONAL TRUST CO ANY, AS TRUSTEE OF AMERIQUEST MORTGAGI 'SECURITIES, INC., ASSET-BA PASS THROUGH CERTIFICAT&S, SERIES 2004R8, UNDER THE POOLING ANDS RVICING AGREEMENT DATED AS AUGUST 1, 2084, WI'T'HOUT RECOURSE. DEUTSCHE B NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGES CURT!'IES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- ,UNDER THE POOLIlVG AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, W~THOUT RECOURSE (Assignee), all of its right, title and interest, as hplder of, in, and to the following descn'bed mortgage, the property described and tbe inc~btedness secured by the mortgage: Executed BRIAN E. MILLBU~, Mortgagor(s); to AMERIQUEST MORTGAGE COMPANY. Bearing date of: Jnme 17, 2004; unt Secured: 5101,879.00; Recorded on Jene 21, 2004; in Book 1870, Page 2139; in the Recorder o$Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 1465 Timber Brook Drivle, Mechanicaburg,PA 17050 AS FURTHER DESCRIBED 1N FJ~IiII3IT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together wish the note or obligation', moneys due and to become due on representatives and assigns shall hol the right and equity of redemption, i Assignor, AMERIQUEST MOR' and sealed with its corporate seal decribed in the Mortgage endorsed to the Assignee, ("Note") and all e Note and Mortgage, with interest. Assignee its successors, legal all rights under the Note and Mortgage forever, subject however, to any, of the maker(s) of the Mortgage, their heirs and assigns forever. GE COMPANY, by its appropriate corporate officers, has executed Assignment of Mortgage on this day of )ULY, 2007. AMERIQUEST MORTGAGE COMPANY BY ' AMC MORTGAGE SERVICES INC. AS AUTHORIZED AGENT (Affix Corporate Seal) EAL) Name: Tamara Price ', itle: Vice~Pr~sident ', ' ~ (S~) Name: RGARIT GUERRERO Title: Authorized Agent Ss: STATE OF CALI~dR1~A) C-OUNTYr OF -BE 1T REIMI~viBERED, that on thi day of IU~Y, 2007, before me, the subscriber, a Notary Public personally appeared Tamara Price, ice President for AMERIQUEST MORTGAGE COMPANY BY AMC MORTGAGE SERVICES it Authorized Agent of AMERIQUE~ INC. AS AUTHORIZED AGENT; who I am satisfied are the persons ~ signed, sealed with the corporate se within instrument is the voluntary a Board of Directors. . AS AUTIORIZED AGENT; ami MARGARITA GUERRERO, MORTGAGE COMPANY BY AMC MORTGAGE SERVICES Eccrs of Assignor, AMERIQUEST MORTGAGE COMPANY, o signed the within instrument and they aclaiowledged that they and delivered the same as such officers aforesaid, and that the and deed of such co><poration made by virtue of a Re~hition of its I hereby certify the address of the signce is: 10801 ect Suite 30, lttanc~hu Cucamonga, Loan No.: 0083352 4 Notary Public ~i. ~/ ` My com ' . ion expi CA 91730 JULIAN MORENO Cq~xnkslon # 1845825 Notory Public • Cdifornla C~ange County My Comm. Expires Jul 18, 2009 Case #: 54300FC .+ oatre e1lel~oDt Oatdas rssssbass 0OOi21tf9 atss ssd,aa i. 7rl11D~ssra 14iS i"YMlit< 1800[ 1tIYi 1s-CO11Cr Pll 17031 • CAD Coe11lY ~! ~~~ 7111 that sssstaia Obit, Grit so. 147b itM 'o~lt")r o! lisbas piraiesl iaspeatian sad s o! tfe snit sad Cesrsssl slswts sseald disoloae. cfaae I!r ~ lssOMs~e ~a lorarssipr C+tbes dssi~sated in tM ssolara lssrdtsra rlosdrratns~ tt#~ Plata as+d Plats sooeaded laeasdss e! seeds !a Pisa coos 11, sage L1! tlateto. lOQ~ ssttL tN nadir a~lss~ to tM Obit Daolsrae3asr o! lOO~R s~N tM si4At to tllsi art! beip Co~iosrtaisa rind Daelasaa O11NR IIMO saro~.~ to alipr ~~~, .. o~os, tine ^loawaid (tAe •IDo<adsntais•), loosted !a ~r lesasxigaia, ldtieU Grit is e! u ~ li~ss Cissaa u, 7- •DSOlattstlaa s! Oerdrs~sa•} aat eealasatiaa te. adage. of tle ~rsbniwt ~4 soot at?• saye lb asd 1ti41st e! flay Tsar, tegatsas ri,tt aad sil asrsssdsaats pattioaiaulr ett tosatb is W ateswaid as last sarndsd. w tae Ldtritad Cororl slurnts ayslieabie lstseistr ~aearns! to tse ssalasatias e! Plats asd Maur as last aaadsd. ail e0'NrMtq e0s4~tl0Mr sMttl+OtlOOtar prN~raia-"es a~ostd is tM a~ltasa~ e! Casdortdsioa, aN satlaa rLisk a T1wtc~i4tPM ~.~li BK 1870P62 ~ 55 a„~,,,,~ ROBERT P. ZIE LEP RECORDER OF EED ~ CUMBERI~,AND C UN7 1 COURTI30USE ~QUAI CARLISLE, PA 7013 717-240-637 y Instrument Number - 200730057 RetSOrded Oa 8/1/2007 At 10:38:03 * Instrument Type -ASSIGNMENT ~F MORTGAGE Invoice Number -1049. ser ID - KW * Mortgagor - AMERIQUEST MOR GAGE CO * Mom -. A1i+lERIQ~TJEST MTG EE ING * Cistomer- GOLDBECK MCC RTY ETAL * l~EB 3T1-TE 1f1RIT TA7C $p . 50 STI-TE JC3/1tCCESS TO $110.00 JUSTICE RECORDING !'LE3 - $1..50 R3CORDER OF DEEDS CODNTX ]1RCAIVEB FEE $2.00 ROD 11RC8IVEl8 FEE $$3.00 TOTPiL P]kID $2b . 00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA /~ RECORDER O~ • - Infor~natioa denoted by an asterisk m.y change daring the verftication process and may not be reflected o~ tiYb page. INN~IIIII EXHIBIT "3 " owxan~oot Ozdar 1[rbos: 000021/t9 tat sriaa ~. ld.lilnnena 1/i3 Tllsit ff00R OfIVi 1OC101wICODaCr ~ 17030 CatiD COpAt1t ~If3S rlr l-LL teat astais vast, q wit fo. 11i3 ttaa 'gait"1r of liabar Caaa• tt. ~ larAAaN ttte •Coado~ls+I. loeatad is ~n ~hiPr Ceooty, >rw~itraaia, MhicII 1141t is dssigasted itt tM Daelara os Coadoidaiv~ o! Babas Cass ss, L lbanlo~aa oeaw~iai® ltas •lwlasatiea .! 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A1= ATTA® Its arri dilbad aMiMlaaoa a< 7~ aq a11s>r a HoaaY~ Ca.aMlir~ Apol b7wr a~b Al~)ifM~t SMr.ioa ca: a~c~s«.~, Atla: CaraliaaaD~pnlMMal Laaa It.~a: Nt3sssru >ILiei ti 1~t Claa l[aY aaa 1l ~' Emergency As~~ce Pr~grsm ;UMBBRLAND COUNTY A~mr Coot! bt~t 4o B ~1- str..e (iNt~rE, PA 17323 (717) 334-1S1a COCK atWiM~ PA 2000 Llo~dorw~ Road 8~ma !A 17102 i-fEi-S11-2227 CamuoaiyAdioa Ca 1514 D~try 8twt >~er~ PA 17104 (717) 23Z-9757 Lawiip, La. 2320 Ne+rrll sW SbrNt H~iimg PA 17110 (717) 232-2~7 l4rayf6a 43 A~ern~ Warerbot~o„ PA 1726E (T17) 762-3235 PZ~A 211 North Prot 3lraot 8nr>~~, PA 17110 I-E00-342-2397 o~C~pewl >vgioa ~" ~.=~ Q _ - --r, =, c.r~ g ~... _. -,-,, _ ;,-~ ~~ , ,,.Y `_' t ~, ~~ `Y s ~I GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Thomas I. Puleo Attorney I.D. #: 27615 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (2151627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) AFFIDAVIT OF SERVICE Term No. 07-4313 CIVIL I hereby certify that Plaintiff s Amended Complaint relative to the above captioned matter was served pursuant to Rule 440 by fast class mail on Defendant, BRIAN E. MILLBURNE by service upon his attorney, MICHAEL E. STOSIC, ESQUIRE, at 243 Parker Avenue, First Floor, Philadelphia, PA 19128 on September 10, 2007. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities. McCAFFER' IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW AMENDED ACTION OF MORTGAGE FORECLOSURE Date: 9/10/2007 as I. Pi Attorney for r Z C.. tn~~. r,~ .,.. ~..,_ ~ ~ r In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST I, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE (Mortgagor(s) and Record Owner(s)) 1465 Timber Brook Drive Mechanicsburg, PA 17050 No. 07-4313 CIVIL Defendant(s) PRAECIPE FOR JUDGMENT 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 BRIAN E. MILLBURNE by default for want of an Answer. Assess damages as follows: $115,016.00 Debt Interest from 10/11/200'7 to Date of Sale Total (Assessment of Damages attached} I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIE OUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FR HE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to e p rty agai t whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least t n ys pri to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Goldb r. Attorney for Plai if LD. #16132 AND NOW .~~- ~ j ~Op'] , Jud en is entered in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST GAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE and against BRIAN E. MILLBURNE by default for want of an Answer and damages assessed in the sum of $115,016.00 as per the above certification. s ,2. r thonotary R?f(~ 54300FC 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: August 22, 2U07 TO: BRIAN E. MII.LBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 bth Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE (Mortgagor(s) and Record Owners}) 14b5 Timber Brook Drive Mechanicsburg, PA 17050 Defendant{s) TO: BRIAN E. MILLBURNE 1465 Timber Bmok Drive Mechanicsburg, PA 17050 In the Court of Common Pleas of Cumberland County CNII., ACTION -LAW Action of Mortgage Foreclosure Term No. 07-4313 CNIL IMPnRTANT NnT1iC'E YOU AR6 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 IIv1PORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ff 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, ff 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 IIJC 8 ltvine Row Carlisle PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCLITION 2 Liberty Ave[xre Carlisle, PA 17013 - ~CtSP~2F1-,~ ~tt~lf~eC~ 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, BRIAN E. MILLBURNE, is about unknown years of age, that Defendant's last known residence is 1465 Timber Brook Drive, Mechanicsburg, PA 17050, 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 Sailor ivil Relief Action of Congress of 1940 and its Amendments. Date: r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE (Mortgagor(s) and Record owner(s)) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OE MORTGAGE FORECLOSURE Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-l CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVD AUGUST 1, 2004, WITHOUT RECOURSE, and against BRIAN E. MILLB in the above action within (20) days (or sixty (60) days if defendant is the Un of service of the Complaint, in the sum of $115,016.00. Joseph A. Goldbeck,~Jr. Attorney for Plaintif No. 07-4313 CIVIL U COMPANY, AS D PASS THROUGH G AGREEMENT DATED AS (v for failure to file an Answer ates of America) from the date I hereby certify that the above names are correct and that the p~ creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROU UNDER THE POOLING AND SERVICING AGREEMENT DATED RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 917: address(es) of the Defendant(s) is/are BRIAN E. MILLBURNE, 1465 ' 17050; e r si ence ddress of the judgment US OF ERIQUEST ~ CER ATES, SERIES 2004-R8, S AUG ST ~. 2004, WITHOUT and tha the~name(s) and last known nber B ocll'c Drive Mechanicsburg, PA GOLDBECK M C. BY: Joseph A. G lc Attorney for Plain ' Jr & McKEEVER s s- 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 10/ 10/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Advance Fees Recoverable Balance $99,304.24 $7,620.77 $4,965.21 $521.89 $900.00 $1,494.89 $87.00 $122.00 $115,016.00 GOLDBECK McCAFFER~'Y McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney for Plaintiff AND NOW, this ~ ~~~` day of ~~. 2007 damages are assessed as above. /s/ ~~ ~ . ICt~xa Pr Prothy DK$ ~ ~ ~ ~ P1 ~f` F ~ ~ ~ ~ ~ XT 1'L ...+5 V ~, t ~ SG. Q b" ..+ , a ~ ...- ~~~~3 y . n ~ ~ ~ ~ ~ ~i ~ "' _ ~ i v".~ ~ t ~ ,~- Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE (Mortgagors and Record Owner(s)) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) No. 07-4313 CIVIL 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: S o~ ~D/t//D~ 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 LD.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, 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 No. 07-4313 CIVIL BRIAN E. MILLBURNE Mortgagor(s) and Record Owner(s) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/11/2007 to Date of Sale at 8.8000% $115,016.00 (Costs to be added) va ~ W o Q W ~, o ~ ~ U d pd-'~ ~C7~ W ~vzW~~ z' O Q~~d~ a ~~ ~~ ~~OxpO M V Q~[-'~~Lti' ~MW 2'cHnv~iQQE-' a~~ p~Q~ZO O Hc-F, H a Wx a ,_., ° ~ z p zw ~ ~~,3 W ~~`~OQ ~, ~ O ~ W C7 H ~--+ Q~ ~ ~ ~~ '~ ~ .S? ~ ._.. v v o ~ 3~~,0 Q ~ o ~~ ~ ~ o H a, ~ on ~~ b ~, ~ ~ P W ^ ~ .~ ~ ~N ~ o ~n ~ R ~ ~ ~ ~~~ 0 4~ V1 S O ~v O H V W v ~ ~ W o W ~ O ~ ~~ C 3~ a~ o' w~ ~~ W PK t. ~c O Q ~. ~ ~ °' w ~ U ~ O_ ~~ "i O~ ~ ~ d M w^ d ~ `1~~ ~ N s o `~ o.~ U ^ ~ ~ ~ ~- -~ cU ~~~ ~ V ~ .~ ~ o ~- 0 ~o o ~ ~~ G c~ 'fit 'W«'t it .,.i Q .~~. ,. ;; 'tl q ;~_'. ~ ~-G ~.~. ALL that certain Unit, being Unit No. 1475 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with and all amendments thereto. Tax parcel no: 10-15-1283-011-u34 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. / '~ Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. BRIAN E. MILLBURNE (Mortgagor(s) and Record Owner(s)) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-4313 CIVIL DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1465 Timber Brook Drive Mechanicsburg, PA 17050 1.Name and address of Owner(s) or Reputed Owner(s): BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ~, ,,~ PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement ~ Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe 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. TIMBER CHASE II, A TOWNHOME CONDOMINIUM AWAITING ADDRESS TENANTS/OCCUPANTS 1465 Timber Brook Drive Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to he be t of my persona( knowledge or information and belief. I understand that false statements herein are made subjec to th penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 10, 2007 GOLDBECK McC RTY & McKEEVER BY: Joseph A. Gol ck, r., Esq. Attorney for Plaintif C1 ° ~' ~ _.,., ca sue- 1,.. "'~ Z.~ {~ ~.t: 'ter' ,'~~ _• ~~~ ~ ~ _ ry "'~ ~ ~.~. . , ;~~'' ~T `~.:' ~ 1 S`1'1 :,~' r N ~i 07-4313 CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 1Og01 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor(s) and Record Owner(s) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE .FORECLOSURE Term No. 07-4313 CIVIL 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: MILLBURNE, BRIAN E. BRIAN E. MILLBURNE C/O MICHAEL E. STOSIC, ESQUIRE 243 Parker Avenue, First Floor PHILADELPHIA, PA 19128 Your house at 1465 Timber Brook Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $115,016.00 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS _. 07-4313 CIVIL YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 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 ~~i~u contact one. tli~ nirrc ;ha~~ce 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 s s~~ 07-4313 CIVIL 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 maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.~ov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-21 1-6926 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 ViTOrkout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention c~i~,g_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 54300FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4313 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee of AMERIQUEST MORTGAGE SECURITIES, INC, asset-backed pass through certificates, SERIES 2004-R8, under the pooling and servicing agreement dated as 8/01/04 without recourse, Plaintiff (s) From BRIAN E. MILLBURNE (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 $115,016.00 L.L. $.50 Interest FROM 10/11/07 to Date of Sale at 8.8000% Atty's Comm % Due Prothy $2.00 Atty Paid $161.40 Other Costs Plaintiff Paid Date: 10/11/07 (Seal) REQUESTING PARTY: Name JOSEPH A GOLDBECK, ESQUIRE is R. Long, Prothonota By: Deputy 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 Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor(s) and Record Owner(s) 1465 Timber Brook Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) N0.07-4313 CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney action, and I further certify that this property is subject to Act 91 of 1983 and t~ the provisions of the Act. c rd for the Plaintiff in this i iff has complied with all Joseph A. Go Attorney for 1 w ~ .-~ -~ r~ ~ , ~}j~ ~~ ' G }„~ t = ~ T~°i i 4% ~ .. ~ ~ ~ c=~ `.__. L .k ~, ~ ~ _ . { -G ~ GOLDBECK McCAFFERTY & McKEEVER BY'Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WTTHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor(s) and Record Owner(s) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) 54300FC CF: 07/23/2007 SD: 03/05/2008 $115,016.00 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-4313 CIVIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (21 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ~ Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, _---__ - :Joseph A. Goldbeck it -- _ ----~ --- ~8 c ~$ y LL U~ F tD ~O O ~N 01 a '* •N i ~ N O~ V ~~ ~ us a ~~~ ~ v~ ~ ,,`~ ~" ~ r'd' ~ ~ 00~ > i "~ } ~ ~L ST~T'O x ,._, ;m o ~ `- ~ ig ~ w a ~~ ~~ A CADEtiQ~` N ~ o ~ 1 x ~~ ~. ~~ 3'~ ate ~ ~ ~~ z w ]O~ d U~~ q W ~ ~ ~N e a m W .m "~ ~ "` ~ ~ ~~E zocz'~ ~ d,,• U U~ ^O^^ w $ u. ~.~~ Oms ~ ~j~N ~ jti ~ ~ o tl ~ ~~~ Z a~p~p N FZ- >O W ~, u. Q ~ ~ pa• ~ o Q T ~ 7d'u~3o- ¢ "~ rzm'~ i ~ a ~ ~~ ~ mW ~~ ~ ~ ~~~ a v ~ E ~g ~l~li ¢ U •- ~V~ ~ 'g ~ N Q w ~ ~ UU4 ~ 7V~~ WZ ~ ~ W ~t ~ ~ ~ to O^^^ mga~ ~~mz D m~ • E v d r K 0 ~ T ii N g r 0 o. e off. $a Q N 2 w ~a ya °YW $ WO a •m ~4 pW ~ EJF-~JC~ -~0~p=~ = ~KtiQr r CV ~~ 's '~ r 2 m ~v Ng v w m a.~ _~ ~ co U o ~ LLi Q u. ~OLDBECK McCAFFERTY & McKEEVER BY"Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor(s) and Record Owner(s) 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CTVII., ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-4313 CTVII, AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1465 Timber Brook Drive Mechanicsburg, PA 17050 l.Name and address of Owner(s) or Reputed Owner(s): BRIAN E. MILLBURNE C/O MICHAEL E. STOSIC, ESQUIRE 243 Parker Avenue, First Floor PHILADELPHIA, PA 19128 2. Name and address of Defendant(s) in the judgment: BRIAN E. MILLBURNE C/O MICHAEL E. STOSIC, ESQUIRE 243 Pazker Avenue, First Floor PHILADELPHIA, PA 19128 i 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfaze Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe 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 maybe affected by the sale. TIMBER CHASE II, A TOWNHOME CONDOMINIUM "AFTER DILIGENT INQUIRY, THE ADDRESSOR WHEREABOUTS OF THE ABOVE-NAMED [PERSON OR ENTITY] CANNOT BE REASONABLE ASCERTAINED. Pa.R.C.P. 3129.1", TENANTS/OCCUPANTS 1465 Timber Brook Drive Mechanicsburg, PA 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 4, 2008 BECK cCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff C3 ^y ° " ~~ ~i ~ ~ - cx7 '~ ~'> -' -_ .. r . f ~. ~(_? _A~~~ ~~ "C f..~,? W `. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND OCUNTY Term No. 07-4313 CIVIL MOTION TO POSTPONE SHERIFF'S SALE Plaintiff, by and through its attorneys, in support of its Motion to Postpone Sheriffs Sale represents as follows: 1. Plaintiff is the holder of first mortgage upon the premises, 1465 Timber Brook Drive Mechanicsburg, PA 17050, hereinafter the "mortgaged premises." 2. Defendant is the mortgagor and record owner of the mortgaged premises. 3. A Sheriffs Sale of the mortgaged premises was scheduled for March O5, 2008, and was postponed until Apri102, 2008 due to an issue with the legal description. 4. The sale scheduled for Apri102, 2008 was postponed until June 11, 2008 because Plaintii~ was reviewing for a loan modification. 5. Plaintiff is requesting an additional postponement of the sheriff sale scheduled for June 11, 2008 until September 03, 2008 in order to complete its review of Defendant's request for a loan modification. 6. There is no prejudice to any patty. WHEREFORE, Plaintiff requests that the Court enter Plaintiffs proposed order, which will postpone the sale until Wednesday, September 03, 2008. Respectfully submitted, & MCKEEVER GOLDBECK McCAFFERTY & McKEEVER Michael McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 Attorney I.D. #56129 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND OCUNTY Term No. 07-4313 CIVIL MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3(b) allows a judgment creditor to postpone a sheriffs sale up to two times within a one hundred thirty day period without new notice. The postponement must be announced to all assembled bidders. As outlined in the attached motion, the SherifF s Sale has already been postponed as allowed by Pa.R.C.P. 3129.3(b). Plaintiff seeks Court approval under, inter alia. Pa.R.C.P. 126, to postpone the sale again. This postponement will be announced to all assembled bidders. CONCLUSION For all the reasons discussed above and in the attached Motion, the Court should enter the attached Order postponing the Sheriffs Sale. Respectfully submitted, GOLDBE M TY 8c c EVER By: Mic el .McKeever, Esq ' t GOLDBECK McCAFFERTY & McKEEVER Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730" Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND OCUNTY Term No. 07-4313 CIVIL CERTIFICATE OF SERVICE Michael T. McKeever, Esquire, attorney for Plaintiff, hereby certifies that a copy of Plaintiffs Motion to Postpone Sheriffs Sale was mailed by first class mail, postage prepaid, to Defendant(s) on June 5, 2008. BRIAN E. MILLBURNE C/O MICHAEL E. STOSIC, ESQUIRE 243 Parker Avenue, First Floor PHILADELPHIA, PA 19128 Respectfully submitted, GOLDBECK M CAFFERTY & By: Michael . Mc Bever, Esa ~~ GOLDBECK McCAFFERTY & McKEEVER Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BY: MICHAEL T. MCKEEVER, ESQUIItE Attorney I.D. #56129 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004- R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant VERIFICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND OCUNTY Term No. 07-4313 CIVIL Michael T. McKeever, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Postpone Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. C'~ ~v ~~;~; ~~' :r~ - ~ -a: ~ y ~ ~ ~ .` ~ -' --;. -.. _... ~' DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES OF CUMBERLAND COUNTY, pp, INC., ASSET-BACKED PASS THROUGH ~ N0. 07-4313 CIVIL CERTIFICATES, SERIES 2004-RS, • UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE : 1081 6TH street Suite 130 ' Rancho Cucamonga, CA 91730 • v. BRIAN E. MILLBURNE, Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE AND NOW, this 9th day of June, 2008, I, Dale F. Shughart, Jr., Esquire, hereby certifies that I have served a certified copy of the Order of Court postponing the Sheriff's Sale on the above captioned matter to September 3, 2008 on the Cumberland County Sheriff by personal service and on Brian E. Millburne by mailing a copy of the same by United States first class mail, postage ...~. prepaid, addressed as follows: Brian E. Millburne C/o Michael E. Stosic, Esquire 243 Parker Avenue, First Floor Philadelphia, PA 19128 Dale F. Shu ar J , 10 West High Street, Carlisle, PA 17013 Local Counsel for Goldbeck McCafferty & McKeever `"~~ ~, c.. .~ .I~ F ... r*4~! ..; 1L .~' ~~ ~~ -~ ',~ ~~, `~ L s r 'I ~ • ~ JUN 0 9 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND OCUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE Mortgagor and Record Owner 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant ORDER AND NOW, this -lj~ day of 7~,^,~ Motion to Postpone Sheriffs Sale and any response thereto, it is ORDERED and DECREED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND OCUNTY Term No. 07-4313 CIVIL 2008 upon consideration of Plaintiffs That the Motion is granted and the Sheriffs Sale in the above~aptioned matter is hereby postponed until Wednesday, September 03, 2008, and month-to-month thereafter, without need for further advertising and cost. BY THE COURT: -'` J. 1~ ~~-6'4J S ~ ' ~"° ~~~ ~~ 6 ~~~~~ ~. . es ~ ~ Nd 6~ Nor Deutsche Bank National Trust Company et al VS Brian E. Millbume Timothy January 10, 20C and Descriptior. 1465 Timber B; R. Thon above Real Est. mailed a notice Millburne byre Ave., First Floc and returned to R. Thor returned STAY Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills So Answers:. ~ ~.~~ R. Thomas Klind„ Sheriff BYE Real Estate $30.00 100.00 15.00 15.00 .50 2.00 12.48 15.00 20.00 60.00 852.00 1,143.84 16.17 $2,281.99 7/3/09 ~-~l ~~.s~~~, etc-*~' GugGg In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4313 Civil Term Black, Deputy Sheriff, who being duly sworn according to law, states that on at 1424 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster in the above entitled action, upon the property of Brian E. Millburne located at Kok Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. as Kline, Sheriff, who being duly sworn according to law, states he served the ;e Writ, Notice, Poster and Description in the following manner: The Sheriff ~f the pendency of the action to the within named defendant, to wit: Brian E. ;ular mail to his last known address of c/o Michael E. Stosic, Esquire, 243 Parker ~, Philadelphia, PA 19128. This letter was mailed under the date of January 8, 2008 he Sheriffs Office, unopened, on January 22, 2008. s Kline, Sheriff, who being duly sworn according to law, states this writ is D per letter of request from Attorney Michael McKeever. r Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 -Mellon $ndependence Center 701 Market Street II Philadelphia, PA 191 ~6 215-627-1322 Attorney for Plaintiff' DEUTSCHE BANK COMPANY, AS TR MORTGAGE SECT: PASS THROUGH C R8, UNDER THE P~ AGREEMENT DA'I WITHOUT RECOU 10801 6th Street 1ATIONAL TRUST STEE OF AMERIQUEST ITIES, INC., ASSET-BACKED RTIFICATES, SERIES 2004- JLING AND SERVICING D AS AUGUST 1, 2004, SE Suite 130 Rancho Cucamonga, ~A 91730 Plaintiff vs. BRIAN E. (Mortgagor(s) and cord Owner(s)) 1465 Timber Brook D ive Mechanicsburg, PA 1 050 IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-4313 CNIL Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE B NK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., AS ET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AG EEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information c ncerning the real property located at: 1465 Timber Brook Drive Mechanicsburg, PA 17050 1.Name and address of C)wner(s) or Reputed Owner(s): BRIAN E. MILLBURNE 1465 Timber Brook Drive ~~ Mechanicsburg, PA 17050 2. Name and address of ) in the judgment: BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 3. Name and last known of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 s- 1 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 ~~ Harrisburg, PA 17105-2b75 Name and address of~the last recorded holder of every mortgage of record: 5. Name and address of revery other person who has any record interest in or record lien on the property and whose interest maybe affected by the ale: 6. Name and address of very other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected t~y 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 s'~le. TIMBER CHASE II, A TOWNHOME CONDOMINIUM AWAITING ADDRESS I I TENANTS/OCCUPANTS 1465 Timber Brook Drive Mechanicsburg, PA 17050 (attach separate heet if more space is needed) I verify that the tatements made in this affidavit are true and correct to he be t of my persanal knowledge or information and belief. I nderstand that false statements herein are made subjec to th penalties of ] 8 Pa. C.S. Section 4904 relating to unsworn falsi cation to authorities. i DATED: October 10 2 107 GOLDBECK McC RTY & McKEEVER ~ BY: Joseph A. Gol ck, r., Esq. Attorney for Plaintif 47-4313 CIVIL GOLDBE~K McCAFFERTY & McKEEVER BY: Joseph A.' Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- M lion Independence Center 701 Market S eet Philadelphia, A 19106 215-825-6318 Attorney for P aintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAG SECURITIES, INC., ASSET- BACKED P SS THROUGH CERTIFICATES, SERIES 200q-R8, UNDER THE POOLING AND SERVICING~AGREEMENT DATED AS AUGUST 1, 2004, WIT-TOUT RECOURSE 10801 6th Sttieet Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. M LLBURNE Mortgagors and Record Owner(s) 1465 Timber rook Drive Mechanicsbu g, PA 17050 CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 'Term No. 07-4313 CIVIL Defendant(s~ THIS~AW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COL ECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLl~ECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MILLB RNE, BRIAN E. BRIA E. MILLBURNE C/O M CHAEL E. STOSIC, ESQUIRE 243 Pa ker Avenue, First Floor PHIL ELPHIA, PA 19128 Your h use at 1465 Timber Brook Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse toe force the court judgment of $115,016.00 obtained by DEUTSCHE BANK NATIONAL TRUST COMP NY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PAS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING A REEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE against you. IN THE COURT OF COMMON PLEAS of Cumberland County NOTICE OF OWNER'S RIGHTS 4?-4313 CIVIL YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The s le will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY., AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH C RTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMEN DATED AS AUGUST 1, 2004, WITHOUT RECOURSE, the back payments, late charges, costs and reas able attorney's fees due. To find out how much you must pay call our office at 215-825-b329 r1-866-413-2311 and 2. You ~ay be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment as improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You rr~ay also be able to stop the sale through other legal proceedings. You rr~ay need an attorney to assert your rights. The sooner you contact ouc. the ~nvrc chance you will have of stopping the sale. (See notice below on how to obtain an attorney). 1. If the ~heriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bi price by calling the Sheriff of 717-240-6390. 2. You m~y 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 h ppened, you may call the Sheriff of 717-240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if th sale never happened. 5. You ha e a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a d~ed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You m~y be entitled to a share of the money which was paid for your house. A schedule of distribution oft e money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheri fs Sale. This schedule will state who will be receiving that money. The money will be paid out in acco ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith the Sheriff within ten (I 0) 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 afte the sale. YOU SHOULD AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WH RE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-4313 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Eve though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLO URE. 1). ,all an attorney. For referrals to a qualified attorney call either of the following n tubers: or 717-243-9400. 2). all the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling..... 3). V~'isit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Thel -Homes. 4). all the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss itigation or Home Retention options. 5). all or contact our office to request the amount to bring the account current, or payoff th mortgage or request a Loan Workout /Home Retention Package. Call our toll free num er at 1-866-413-2311 or via email at homeretention(cr~,goldbecklaw.com. Call Judy at 15-825-6329 or fax 215-825-6429. The figure and/or package you requested wi 1 be mailed to the address that you request or faxed if you leave a message with that inf rmation. The attorney in charge of our firm's Homeowner Retention Department i David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please refere ice our Attorney File Number of 54300FC. Para i~formacion en espanol puede communicarse con Loretta al 215-825-6344. ALL that c 'rtain Unit, being Unit No,1475 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberlan County, Pennsylvania, which Unit is designated in the Declaration of Condomini m of Timber Chase II, A Townhome Condominium (the "Declaration of Condomini m") and Declaration Plats and Plans recorded in the Office of the Cumberlan County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Pla Book 11, Page 139 respectively, together with and all amendments thereto. Tax parcel rho, 10-15-1283-011-u34 ;`, • ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWIxALTH OF PENNSYLVANIA) NO 07-4313 Civil COUNTY OF (CUMBERLAND) CIVIL ACTION -LAW TO THE SHE FF OF CUMBERLAND COUNTY: To satisfy he debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee of ERIQUEST MORTGAGE SECURITIES, INC, asset-backed pass through certificates, S RIES 2004-R8, under the pooling and servicing agreement dated as 8/01/04 without recourse, Plai tiff (s) From BRIAN E. MILLBURNE (1) You are di~ected to levy upon the property of the defendant (s)and to sell SEE LEGAL (2) You are alto directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEED as follows: and to notify th garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any deb 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 isle enjoined as above stated. Amount Due $1 5,016.00 L.L. $.50 Interest FRO 10/11/07 to Date of Sale at 8.8000°to Atty's Comm % Due Prothy $2.00 Atty Paid $161.140 Other Costs Plaintiff Paid Date: 10/11/07 ~~ C is R. Long, Prothono (Seal) I, By: ~p~~ _ Deputy REQUESTING ARTY: Name JOSEPH GOLDBECK, ESQUIRE Address: GOLD ECK McCAFFERTY & McKEEVER SUIT 5000-MELLON INDEPENDENCE CENTER 701 M T STREET PHIL ELPHIA, PA 19106 Attorney for: PL NTIFF Telephone: 215-6 7-1322 Supreme Court I No. 16132 Real Estate Sale # 10 On October 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 1465 Timber Brook Drive, .." Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference ~ incorporated herein. Date: October 29, 2007 By: Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL ~~ (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWE LTH OF PENNSYLVANIA ss. COUNTY OF UMBERLAND Lisa M rie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, eing duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal eriodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for th publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly i the said County, and that the printed notice or publication attached hereto is exactly the sam as was printed in the regular editions and issues of the said Cumberland Law Journal on the f llowing dates, viz: F bru 22 Febru 29 and March 7 2008 Affiant rther deposes that he is authorized to verify this statement by the Cumberland Law Journal, a 1 gal periodical of general circulation, and that he is not interested in the subject matter of the foresaid notice or advertisement, and that all allegations in the foregoing statements as to ime, place and character of publication are true. Marie SW~$DT~T`O AND SUBSCRIBED before me this 7 day of March. 2008 r Notary -"~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL sF~s SALE Wedaeaday, April 2, 2008 By virtue of certain Writs of Ex- ecution, issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to me directed, I will expose at public sale by public vendue or outcry, at the Cumberland County Court House, in the Borough of Carlisle, Pennsylvania at 10:00 o'clock A. M. Prevailing Time on the above date, the hereinafter mentioned real estate. All parties in interest and Claim- ants are hereby notified that a sched- ule of Distribution will be filed by the Sheriff on or before May 2, 2008, that distribution will be made in ac- cordance with said schedule unless exceptions are filed thereto within ten (10) days thereinafter. REAL ESTATE SALE NO. 10 Writ No. 2007-4313 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement Dated as August 1, 2004, without recourse vs. Brian E. Millburne Atty.: Joseph Goldbeck DESCRIPTION All that certain Unit, being Unit No. 1465 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II, A Townhome Condominium (the "Dec- laration of Condominium") and Dec- laration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with and all amendments thereto. Tax pazcel no: 10-15-1283-011- u34. TERM3 As soon as the property is knocked down to a purchaser, 10% of the pur- chase price or all costs whichever may be higher, shall be delivered to the Sheriff. If the 10% payment is not made as requested, the Sheriff will direct the auctioneer to resell the property. The balance due shall be paid to the Sheriff by NOT LATER THAN Friday, April 18, 2008 at 12:00 noon, Prevailing Time, otherwise all money previously paid will be forfeited and the property will be resold on April 23, 2008 at 10:00 A. M. Prevailing Time in the Cumberland County Sheriffs Office Court House, Caz- lisle, PA. R. Thomas Kline, Sheriff Cumberland County Carlisle, PA Feb. 22, 29; Mar. 7 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 CO COUNTY OF Lisa M~ State aforesaid, Journal, a legal was established periodical for th issued weekly it exactly the same Journal on the f viz: TH OF PENNSYLVANIA ss. •ie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and eing duly sworn, according to law, deposes and says that the Cumberland Law eriodical published in the Borough of Carlisle in the County and State aforesaid, anuary 2, 1952, and designated by the local courts as the official legal publication of all legal notices, and has, since January 2, 1952, been regularly the said County, and that the printed notice or publication attached hereto is as was printed in the regular editions and issues of the said Cumberland Law flowing dates, -- Janu 25 and Febru 1, 2008 Affiant rther deposes that he is authorized to verify this statement by the Cumberland Law Journal, a 1 gal periodical of general circulation, and that he is not interested in the subject matter of the of esaid notice or advertisement, and that all allegations in the foregoing statements as to ime, place and character of publication are true. ~-~--- Li Marie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 1 day February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 >R4L MTYP~ aALi IIO. 10 Writ No. 2007-4313 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement Dated as August 1, 2004, without recourse vs. Brian E. Millburne Atty.: Joseph Goldbeck DESCRIPTION ALL that certain Unit, being Unit No. 1475 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II, A Townhome Condominium (the "Dec- laration of Condominium") and Dec- laration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with and all amendments thereto. Tax parcel no: 10-15-1283-011- u34. f ;,he Patriot-Nevws Co. 812 Market $t. Harrisburg, PA h7101 Inquiries - 717-2~5-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND ~OUNTY COURT HOUSE CARLISLE PA 17013 cue ~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, peing duly sworn according to law, deposes and says: That he is the Assist nt Controller of The Patriot News Co., a corporation organized and existing under the laws of the Comronwealth of Pennsylva ia, with its principal office and place of business at 812 to 818 Market Street, in the City of Harri;:burg, County of Dauphi ,State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News news gapers of general circul tion, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all ha re been continuously pu lished ever since; That the printed notic or publication which is securely attached hereto is exactly as printed and published in their regular daily ;and/or Sunday/ Metro a itions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matt r of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of public tion are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News C .aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stocknolders and board of dir ctors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in anti for said County of Dau hin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0001813591 ran on the dates shown below: February 20, 2008 ~ February 27, 2008 ' March 05, 2008 Ili ............ ..':+ ...... II S o and scribed before me hi 0 of arch, 2008 A. D. '~\ Notary Public co~oNw_____ ~-~TH of Per~sriv~ww Notedel seed shenie L Idener, Ndary Public ~ Cq~E~ieeNw ~ 1 Member. PenneYNeMa Aseodebon °~ '~' ~ r i ~. ~' 4. M:R~... ,~.. ~ ~ 5.. ~ fin,,. .'~'. _+"#c*~« i=xecution ~ ~u~ I ~t vumberlan- : ~t,ntw, Pennsylvan;4, ~t3~a h: ne directed, i ~~i,°I expnae ~t ~sublic sale by public; venue eta t3utcry, at the Cumberland Ct~unty Court Housr°, in the Borough of Carlisle, Pennsylvania at 10:00 o clock Q.M. Prevailing Time on the above date, the hereinafter mentioned real estate. All parties in interest and Claimants are hereby notified that a schedule of Distribution will be filed by the Sheriff on or before May 2, 2008 that distribution will be made in accordance with said schedule unless exceptions are filed thereto within ten §10~ days thereinafter. Real Estate Sale No. 10 Writ No. 2007-4313 Civil Term Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates. Series 2004-~.8, Under the Pooling and Servicing Agreement Dated as August 1, 2004, without recourse VS Brian E. Millburne Attorney Joseph Goldbeck DESCRIPTION All that certain Unit, being Unit No. 1365 (the `Unit"), of Timber Chase ~, a Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase t[. a Townhome Condominium Ithe "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573. Page 35 and Right of W2y Plan Book 11, Page 139 respectively, together with and all amendments thereto. Tax parcel No.:10-15-1283-Ott-u34 ~'~.C~ ^ ~ ~ ,, .. ~~ P~~ i~ W ~- s a As soon as the property is knocked down to a purchaser, 10% of the purchase price or all costs whichever may be higher, shall be delivered to the Sheriff. H the 10% payment is not made as requested, the Sheriff will direct the auctioneer to resell the Property The balance due shall be paid to the Sheriff by NOT LATER THAN Friday, April 18, 2008 at 12:00 noon, Prevailing Time, other-wise all money previously paid will be forfeited and the property will be resold on April 23, 2008 at 10:00 A.M. Prevailing Time in the Cumberland County Sheriff's Office Court House, Carlisle, PA. REAL ESTATE SALE DATES FOR 2008 Sale Dates Cat Off Dates une 11, 2008 Mar. 5, 2008 Sept. 3, 2008 May 28, 2008 R. Thomas Kline Sheriff Cumberland County, Carlisle, PA The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: REAL ESTATE SALE N0.10 01/30/08 Writ No. 2007-4313 Civll Term Deutsche Bank National Trust 02106/08 Company, as Trustee of AmeNquest Mortgage Sscuritles, Inc., asset-Backed Pass Through Certificates, Series 2004-R8, Undue the Pooling and Servk:ing ... .... ..................... . Agreement Dated as August 1, 2004, ttrithout njcoun3e vs Sworn to and sybscribed before me this 25 day of February, 2008 A. D. .Brian E. Mllltnarne Aitomey Joseph Gokltaeck _ DESCRIPTION _ r `. ~" U t ; ~ ~~--- ~ ~- ; ` l~/~~-1 %L.-C. ~. _ , ALL that certain unit, tieing Unit No. 1475 (dte Notary P U b I I C "Unit"), of Timber Chase 11, A Townhome Condominium (tbe "Condominium"), located in COMMONWEALTH OF PENNSYLVANIA Hampden Township, Cumberland County, Notat'ai Seal Pennsylvania, which Umt is desigoafed in the Sherrie L. Kisses, ~lofary Public City Of ttarristut+r~ ~:z<~!+f:hin County Decbaatioa of Caodom®ittm of Timber Chase Q; A Toarnltome Caodominium (the MY ~~~' ;-'V-"~`'"• ti4ov. 26, 2011 "Declaration of Condominium") and Mrtrrttter, Penneylvgnl>a Assc~ci~tion Of Notaries Declaration Plats and PLms recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with and all amendments thereto. Tax parcel no:1fL15-1283-011-u34 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-4313 CIVIL PRAECIPE TO VACATE JUDC~IENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. \~~\1~1~ ~o~ ~ Vim/" ` MICHAEL T. MCKEEVER, ESQUIRE OF THE !'R~ ~ ~~!~,tQ~~?Y 249 ,!i!L 24 A l0~ 3 ~ C~1-1ilL _ Y :~ t ~ t. Oil ~k~~ ~~:~! ~~+~;` ~'~ 4..°J,~11 `241 ~, ~~~~~~ ~ ~,~~ 3~o usy GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS AUGUST 1, 2004, WITHOUT RECOURSE 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. BRIAN E. MILLBURNE 1465 Timber Brook Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-4313 CIVIL PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. MICHAEL T. MCKEEVER, ESQUIRE Of ~ p~~^~~ ~,~t~~~'ARY ZQ09 ~~L 2 ~+ A~ la~ ~ U CtII~~S:_ ~~rP`~ i~'