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Home My WebLink About04-5134 . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id, No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 W5) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET -BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No.Dl.j - SlJ 4- Giutl'-r€ftYV1 CUMBERLAND COUNTY Plaintiff v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990.9108 File #: (00408 file #: 100408 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THA T: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF I>EFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are; MICHAEL W. RAFFENSBERGER FRANCESM.RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/20/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1814, Page; 39. PLAINTIFF is now the legal owner of the mortgage and is in the process of lDrmalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 100408 6. The following amounts are due on the mortgage: Princi pal Balance Interest 05/0112004 through 10/11/2004 (Per Diem $22.18) Attorney's Fees Cumulative Late Charges 05/20/2003 to 10/11/2004 Cost of Suit and Title Search Subtotal $115,743.95 3,637.52 1,250.00 92.35 $ 550.00 $ 121,273.82 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 12],273.82 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in ] 998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 121,273.82, together with interest from 10/11/2004 at the rate of $22.18 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. F~D AN AND PHELAN, LLP I J J ~. ~ s. ft~ By: IslFrancis S. Hallinan F FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100408 ALL ~RAT CERTAIN r~al estate lying and be1n9 s~tua~e ~n south Middleton Town$h~p, cumberland coun~y~ PennsYlvania. baundod and l~m~ted as ~ollows, to ~~t: ON t~e North by ~ublic road leading from Mount Rally Sp~~n9s to Bo~ling Sp~inQs, also known as Pennaylvan~a L~gislative Route No. 2~OOe; on the Ea$t by th& lands now Q~ formerly of Harry C.eamer; ~n the South by lands now or formerly of 5~d Roth. ~nd on the W4~S~ by lando now or formerly Q~ Merr111 P. H~r~. CONT~X~ING one acre~ more or less. . HAVING tbereon erected a 2-5tory ~rame d~elling house and other bu11d~ng~~ known as and numbered 200 Mill streett ~t. Hotly Sprin9s~ p~nnsylv.n~a 17065. BEING the same premises which Ru~h I. Barbour, by h~r deed dated October 6~ ~9~6 and redQrQed on october 7, 1996 in ~G9 granted and con~eyed c~berland-eDunty Deed Book 147 a~ ~ag~11 ~ Ronald Lee aarbou~ to Kaelin LeroY BarbQur, saundra Kay M~ er, and Gary st~ven Barbour, Grantors here~n~ t . i 9 of tbi$ deed to The respective spouses join in ~e $~gnj nt re~l prop~rty convey all right, ti~le aud int~rest ~n $U ec acq~ired through marriage~ AND the sa~d Crantors he~ebY covenant and agree th~t t~ey will warrant speciallY the pro~~rty h~reby conveye . XN W1TNESS WBEaKOP~ said G~an~~rs have hereunto set tbe~r hand5 and seals the day and year f~r$t abo~e wr~tten~ PROPERTY BEING: 200 MILL STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C S. Sec. 4904 relating to unsworn falsifications to authorities. q-~ ~7-td~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Io/fr (J -IQ. ~ ~ IV ~ \t- ~ "'- ~ ~..~.- ~ -u r'~' 6' - F ~ IN ...() C) --.( E - c:.. ~ Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CNIL DNISION vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Frances M. Raffensberger, by first class mail and certified mail to the Defendant at the mortgaged premises, located at 200 Mill Street, Mount Holly Springs, P A 17065, and in support thereof avers the following: 1. Attempts to serve Defendant, Frances M. Raffensberger, with the Complaint have been unsuccessfuL The Sheriff of Allegheny County attempted to serve the Defendant at the mortgaged premises, located at 200 Mill Street, Mount Holly Springs, P A 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant does not reside a the above address. 2. Pursuant to Pa.R.c.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by Defendant as of November 23,2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: ~ [~ Lawrence T. Phelan, EsqUIre Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 23, 2004 Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 161 7 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank. National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CNIL DNISION vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term MEMORANDUM OF LAW Pa. R.c.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). ''Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: ~ 1~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 23, 2004 SHERIFF'S RETURN - NOT FOUND .... C.~SE NO: 2004-05134 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RAFFENSBERGER MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RAFFENSBERGER FRANCES M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RAFFENSBERGER FRANCES M 200 MILL STREET MT HOLLY SPRINGS, PA 17065 BELIEVED TO BE LIVING IN PLAINFIELD AREA. NO FORWARDING ADDRESS ON FILE AT THE POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So _an~--/~R/ /~ --~~ ~ ~ R. Thomas ine Sheriff of Cumberland County FEDERMAN & PHELAN 10/29/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 4-13905PA Attorney Firm: Federman & Phelan Subject: Michael W. Raffensberger & Frances M. Raffensberger Current Address: 200 Mill St. Mount Holly Springs, P A 17065 Property Address: 200 Mill St. Mount Holly Springs, P A 17065 Mailing Address: 200 Mill St. Mount Holly Springs, P A 17065 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Michael W. Raffensberger - 203-48-9871 Frances M. Raffensberger - 091-58-6343 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Michael W. Raffensberger - not available Frances M. Raffensberger - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael W. Raffensberger & Frances M. Raffensberger reside(s) at: 200 Mill St. Mount Holly Springs, PA 17065 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 10/2/04 our office contacted directory assistance which indicated that Michael W. Raffensberger & Frances M. Raffensberger reside(s) at: 200 Mill St. Mount Holly Springs, P A 17065. Our office made a telephone call to the mortgagors phone number and received the following information: 717-486-56659/30 8:16p, 1011 9:57a, 8:42p answering machine. III. INQUIRY OF NEIGHBORS Our office attempted to contact D. Piper 210 Mill St. 10/2 1:22p, they were not able to verify that Michael W. Raffensberger & Frances M. Raffensberger reside(s) at: 200 Mill St. Mount Holly Springs, P A 17065 IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10/2/04 we reviewed the National Address database and found the following information, Michael W. Raffensberger & Frances M. Raffensberger - 200 Mill St. Mount Holly Springs, P A 17065 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on fIle V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Michael W. Raffensberger & Frances M. Raffensberger. VI. OTHER INQUIRIES DEATH RECORDS A. As of 10/2/04 Vital Records and all public databases have no death record on file for Michael W. Raffensberger & Frances M. Raffensberger. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to confirm a registration for Michael W. Raffensberger & Frances M. Raffensberger residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Michael W. Raffensberger -YOB 1961 Frances M. Raffensberger -YOB 1961 B. A.K.A. none * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sworn to and subscribed before me this J /~ day of tJ ~ 2004 -vrnA //) ~ok /7;~i ~OTARY?UBUCc. · Notarial Seal Margaret E. Nulty, Notary Public East Goshen Twp., Chester County . V1y Commission Expires Dee 19,2005 "MeMber, Pennsylvania Association Of Notaries The above information is obtained from available public records and we are only liable for the cost ofthe affidavit VERIFICA TION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By:~ ~ -Francis S. Hallinan, Esquire Date: November 23, 2004 . Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CIVIL DIVISION Vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certify that a copy ofthe foregoing Motion for Service Pursuant to Special Order of Court has been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Frances M. Raffensberger: 200 Mill Street Mount Holly Springs, P A 17065 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff Date: November 23, 2004 By:~~ Franci(S. Hallinan, Esquire 0 ......) 0 .-;":') S \0...,..: ~ .'r! J.,." I;: c:J --I ",,\ T ,', I i I ri f"[ ~~ ..n ,-' i~ .' -~-I ,'n ..--. I {:\ ~\~, -. w r:. , -n -<1 ,~" ::1:.. \.., j )> ',.) en (..) .\ :2 :3:; "i.- -< FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., ill. NO. 32227 FRANCIS S. HALLINAN, ESQ., ill. NO. 62695 DANIEL G. SCHMIEG, ESQ., ill. NO. 62205 THOMAS M. FEDERMAN, ESQ., ill. NO. 64068 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 A rrORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2003 Plaintiff COURT OF COMMON PLEAS CNll.., DIVISION CUMBERLAND County vs. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER No. 04-5134 CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN PHELAN, LLP By: ~ r;--.- F CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE THOMAS M. FEDERMAN, ESQUIRE Attorneys for Plaintiff Date: December 1. 2004 /mbm, Svc Dept. File# J 00408 l ~ I .--.:l ~ o rut"~ r) I _J .., -n -' o -n :::;~ -r' ij~~ ::~':7: J:- (-... _/ CO ~ ()' IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYI.J VANIA DEe 0 6 200~ Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term ORDER AND NOW, tbis ~ day of ~ , 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendant Frances M. Raffensberger, by: 1. First class mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, P A 17065. 2. Certified mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, P A 17065. 3. ~ ~.....-r;M ~ ~ '#)tJ{h) t w.zt p", .U~ J. ~ ~/O \~C) /\.b\l;~i ,:j r .,-, loJ oo:s ~Id L - 330 flWZ )\tJ'-~,~L~~~<::-H.L{)c:J :;t'il :f) 3:H.j~O-{Jjl;:l Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CNIL DrVISION vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman Phelan, L.L.P., moves tlns Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Frances M. Raffensberger, by first class mail and certified mail to the Defendant at the mortgaged premises, located at 200 Mill Street, Mount Holly Springs, P A 17065, and in support thereof avers the following: 1. Attempts to serve Defendant, Frances M. Raffensberger, with the Complaint have been unsuccessful. The Sheriff of Allegheny County attempted to serve the Defendant at the mortgaged premises, located at 200 Mill Street, Mount Holly Springs, P A 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant does not reside a the above address. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by Defendant as of November 23, 2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: ~ {.~ Lawren e T. Phelan, Esqmre Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 23, 2004 Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CIVIL DrVISION vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last knOml address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of pastil! authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, mends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.c.P. 430 directing service of the Complaint by titrst class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: ~ ~~ Lawrence T. Phelan, Esquire Francis S. Hallinan" Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 23, 2004 SHERIFF'S RETURN - NOT FOUND C~SE NO: 2004-05134 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RAFFENSBERGER MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RAFFENSBERGER FRANCES M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RAFFENSBERGER FRANCES M 200 MILL STREET MT HOLLY SPRINGS, PA 17065 BELIEVED TO BE LIVING IN PLAINFIELD AREA. NO FORWARDING ADDRESS ON FILE AT THE POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 SO.~~ R. Thomas ine Sheriff of Cumberland County FEDERMAN & PHELAN 10/29/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 4-13905PA Attorney Firm: Federman & Phelan Subject: Michael W. Raffensberger & Frances M. RaffensbE:rger Current Address: 200 Mill St. Mount Holly Springs, P A 17065 Property Address: 200 Mill St. Mount Holly Springs, P A 170165 Mailing Address: 200 Mill St. Mount Holly Springs, P A 170(ji5 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts ofth.~ above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Michael W. Raffensberger - 203-48-9871 Frances M. Raffensberger - 091-58-6343 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Michael W. Raffensberger - not available Frances M. Raffensberger - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael W. Raffensberger & Frances M. Raffensberger reside(s) at: 200 Mill St. Mount Holly Springs, PA 17065 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 10/2/04 our office contacted directory assistanc.~ which indicated that Michael W. Raffensberger & Frances M. Raffensberger resiide(s) at: 200 Mill St. Mount Holly Springs, P A 17065. Our office made a telephone call to the mortgagors phone number and received the following information: 717-486-5665 9/30 8:16p, 10/1 9:57a, 8:42p answering machine. III. INQUIRY OF NEIGHBORS Our office attempted to contact D. Piper 210 Mill St. 10/2 1:22p, they were not able to verify that Michael W. Raffensberger & Frances M. Raffensberger reside(s) at: 200 Mill St. Mount Holly Springs, P A 17065 IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10/2/04 we reviewed the National Address database and found the following information, Michael W. Raffensberger & Frances M. Raffensberger - 200 Mill St. Mount Holly Springs, P A 17065 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a pos:dble mailing address: no addresses on fIle V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we wer,e unable to obtain address information on Michael W. Raffensberger & Frances M. Raffensberger. VI. OTHER INQUIRIES DEATH RECORDS A. As of 10/2/04 Vital Records and all public databa:~es have no death record on fIle for Michael W. Raffensberger & Frances M. RaffE:nsberger. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to confirm a registration for Michael W. Raffensberger & Frances M. RaffensberJ~er residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A DATE OF BIRTH Michael W. Raffensberger -YOB 1961 Frances M. Raffensberger -YOB 1961 B. AK.A none * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sworn to and subscribed before me this 2 ~ day of tJ ~;k 2004 ~~ NOTARY UBLIC ~ Notarial Seal M~lrgaret E. Nulty, Notary Public East Goshen Twp., Chester County . '/IV CClmmission Expires Dee 19, 2005 , . Member, Pennsylvania Association Of Notaries The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICA TION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff BY:~ ~ ranClS S. Hallman, EsquIre Date: November 23, 2004 Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CNIL DIVISION Vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court has bee:n sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Frances M. Raffensberger: 200 Mill Street Mount Holly Springs, P A 17065 The undersigned understands that this statement is madle subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff Date: November 23,2004 By: ~ t:l-~ Franci S. Hallinan, EsquIre ......) 1-.-" 0 \.,;,~ .'j I J.-.. \ C .~l ~.( I r- 'j ~JO C i ..~ .' I "..CJ \ - ~ I 0.) 1,,_) I- I " -1, , "j " :"J c t> C,) , {T' --- ':.\ ~~ :;1 .$0- -.0:.:., ~. ~~ PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (11 5) 501-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DlVISION : CUMBERLAND COUNTY Plaintiff : NO. 04-5134 CIVIL TERM vs. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant( s) AFFIDAVIT OF SERVICE OF COMPLAINT RV MAn, PlJRSlJ A NT TO COlJRT ORnF.R I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, FRANCES M. RAFFENSBl8:RGER at 200 MILL STREET, MOUNT HOLLY SPRINGS, P A 17065 on January 5, 2005, in accordance with the Order of Court dated December 7, 2004. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: T:mll~ry \ 7005 ~ I ^ ". ""' "'0) no11 A fY1.Qfi) ~. HALLINAN, ESQUIRE Attorney for Plaintiff , . ,,: ~:..:- ~~ ('-" . .' ~~;; ?"h.~ , ~ , L . ...-....-, ...-. -, r-.;I CO:::> .~"-::> c::;-. <- o -n -4 -r:..,... 01f..:: :g~ ~j~~, ;:-rn -, :7 :::':;'J ;;e;: , - -0 - . _Z-'" ~ o (.J1 ,I I DEUTSCHE BANK NATIONAL : IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, AS TRUSTEE, : CUMBERLAND COUNTY, PENNSYLVANIA OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED : CIVIL DIVISION PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE : NO. 2004-5134 CIVIL TERM POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2003 505 SOUTH MAIN STREET, SUITE 100: ORANGE, CA 92868 Plaintiff, v. MICHAEL W RAFFENSBERGER FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 Defendants ANSWER AND NOW, comes the Defendant, Michael W. Raffensberger, by his attorneys O'Brien, Baric and Scherer, and responds as follows: 1. Admitted. 2. Michael W. Raffensberger resides at 200 Mill Street, Mount Holly Springs, Pennsylvania 17065. Frances M. Raffensberger no longer resides at the Mount Holly Springs property. 3. Defendant is unaware if the Plaintiff is a valid Assignee of the mortgage and proof of the same is requested at the time of trial. 4. Admitted. 5. Defendant believes that he has made a payment subsequent to June 1, 2004. 6. Defendant demands strict proof of the amounts claimed as due on the mortgage. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendant requests a hearing on the Plaintiff's Complaint in Mortgage Foreclosure. Respectfully submitted, O'BRIEN, BARIC & SCHERER kfJLZI~ Robert L. O'Brien, Esquire . Attorney for RlJ.il.tiffs bef{;' I.D. # 283!i1 19 West South Street Carlisle, P,ennsylvania 17013 By: Attorney for Defendant, Michael W. Raffensberger rlo.dirlbankruptcylraffensbergerlanswer to mortgage foreclosure II VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belieI'. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Dated: "'2/q /0 .;: I , .------- 4 co,. r..,. ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05134 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RAFFENSBERGER MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RAFFENSBERGER FRANCES M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RAFFENSBERGER FRANCES M 200 MILL STREET MT HOLLY SPRINGS, PA 17065 BELIEVED TO BE LIVING IN PLAINFIELD AREA. NO FORWARDING ADDRESS ON FILE AT THE POST OFFICE. Sheriff1s Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 County FEDERMAN & PHELAN 10/29/2004 Sworn and subscribed to before me this 'f.:<-, '-Iv d-fJD6 A . D . ~Q , ~ 11u 1. QeJ Pro h notary J. day of ~ SHERIFFtS RETURN - REGULAR CASE NO: 2004-05134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RAFFENSBERGER MICHAEL W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAFFENSBERGER MICHAEL W the DEFENDANT , at 1102:00 HOURS, on the 28th day of October , 2004 at 200 MILL STREET MT HOLLY SPRINGS, PA 17065 by handing to MICHAEL W RAFFENSBERGER 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 Service Affidavit Surcharge So Answers: 18.00 5.18 .00 10.00 .00 33.18 .c~~~~ R. homas Kline . Sworn and Subscribed to before 10/29/2004 FEDERMAN~~ By _- . Deputy Sh if . ( r:f:/ me t..his 'f day of .' ) l tl~ dvo5 A.D. L~ Q )),,;L ~ r thonotary J Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Frances M. Raffensberger, by first class mail and certified mail to the last known address and mortgaged premises. located at 200 Mill Street, Mount Holly Springs, P A 17065, and in support thereof avers the following: I. Attempts to serve Defendant, Frances M. Raffensberger, with the Complaint have been unsuccessful. The Sheriff of Cumberland County was unable to obtain service on the Defendant, Frances M. Raffensberger, at the above-mentioned mortgaged premises of 200 Mill Street, Mount Holly Springs, P A 17065. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "A", the Defendant, Frances M. Raffensberger, moved from the address and is believed to be living in the Plainfield Area. The Sheriff's Office also stated that there was no forwarding address on file at the Post Office. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant, Frances M. Raffensberger, and all addresses including the possible address in the Plainfield Area. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. The Defendant. Frances M. Raffensberger, filed Chapter 7 Bankruptcy with the court on the date of November 15, 2004. Proof of this filing can be found on the Bankruptcy Docket as Case 04-6847. A computer printout of the Docket is attached hereto as Exhibit "Coo. 4. On the Date of March 16. 2005 Relief was granted for Bankruptcy 04-06847, which was filed by the Defendant, Frances M. Raffensberger, on November IS, 2004. The Relief Order is attached hereto as Exhibit "D". 5. A previous Motion for Service Pursuant to Special Order of Court was Filed and Granted against Frances M. Raffensberger on December 7, 2004. This Granted Order is not valid as it was filed after the Bankruptcy filing date of November 15, 2004. A stamped copy of the Granted Order is attached hereto as Exhibit "E". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant, Frances M. Raffensberger, as of April 28, 2005 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. u By: Daniel . Schmieg, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 04-5134 Civil Term Michael W. Raffensberger Frances M. Raffensberger MEMORANDUM OF LAW Pa. R.c.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule. the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last knmvn address requires a good faith effort to discover the correct address." Adontion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An il1ustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 c.F,R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Dani . Schmieg, Esqiure Attorney for Plaintiff , Date: April 28, 2005 .---------- (' y~\ ,\;I \ A .....' SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05134 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VB RAFFENSBERGER MICHAEL W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RAFFENSBERGER FRANCES M but was unable to locate Her in his bailiwick. He therefore returns the - COMPLAINT - MORT FORE , , NOT FOUND , as to ~he within named DEFENDANT , RAFFENSBERGER FRANCES M , 00 MILL STREET I T HOLLY SPRINGS, PA 17065 t ELIEVED TO BE LIVING IN PLAINFIELD AREA. NO FORWARDING ] DDRESS ON FILE AT THE POST OFFICE. Sl.eriff's Costs: SO~~.~7 ocketing 6.00 ervice .00 .~~~ ot Found 5.00 R. Thomas ine urcharge 10.00 Sheriff of Cumberland County .00 21.00 FEDERMAN & PHELAN 10/29/2004 S"orn and subscribed to before me this day of A.D. prothonotar y -- f~h' bl1 B -------- \ I s SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Finn: Subject: 24-772 PHELAN HALLINAN & SCHMIEG, LLP Michael W. Raffensberger & Frances M. Raffenberger Current Address: 200 Mill Street Mount Holly PA 17065 Property Address: 200 Mill Street Mount Holly PA 17065 Mailing Address: 200 Mill Street Mount Holly PA 17065 I, Scoll Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Michael W. Raffensberger - 203-48-9871 Frances M. Raffenberger - 091-58-6343 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Michael W. Raffensberger - not available Frances M. Raffenberger - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael W. Raffensberger & Frances M. Raffenberger residers) at 200 Mill Street Mount Holly PA 17065. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 4/18/2005 our office contacted directory assistance which indicated that Michael W. Raffensberger & Frances M. Raffenberger residers) at: 200 Mill Street Mount Holly PA 17065. Our office made a telephone call to the mortgagor's phone number and received the following information: 717-766-9856; no answer. INQUIRY OF NEIGHBORS On 4118/2005 our office contacted D. Piper 210 Mill Road; spoke with male who could not confirm or deny address; they were not able to verity that Michael W. Raffensberger & Frances M. Raffenberger resideCs) at: 200 Mill Street Mount Holly PA 17065. IlL ADDRESS INQUIRY A. NA TlONAL ADDRESS UPDATE On 4118/2005 we reviewed the National Address database and found the following information, Michael W. Raffensberger & frances M. Raffenberger - 200 Mill Street Mount Holly P A 17065 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses on file. IV. DRIVING LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Michael W. Raffensberger & Frances M. Raffenberger. V. OTHER INQUIRIES A. DEATH RECORDS As of 4118/2005 Vital Records and all public databases have no death record on file for Michael W. Raffensberger & Frances M. Raffenberger. . COUNTY VOTER REGISTRATION The County Voter registration was unable to confirm a registration for Michael W. Raffensberger & Frances M. Raffenberger residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETc.) Our office conducted a search for public licenses and found the following: No records on file. VI. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH Michael W. Raffensberger - 196 I Frances M. Raffenberger - 196 I B. A.KA None . All accessible public databases have been checked and cross-referenced for tile above- named individual(s). .Please be advised all database information indicates tile subjects reside at tile current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. CS. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Scott N Ity SKN Data Researc c., President "i.. Sworn to an subscribed to me this ~ day of ~I 2005 Notarial Seal Ma'!jaret E. Nulty, Nola'Y Public East Goshen Twp., ChEl6terCounty My Commission Expires Dec. 19. 2005 Member, Pennsylvania Association Of Notaries The above information is obtained from available public records; and we are only liable for the cost of the affidavit. ( yJ,,"blf {? 1 .S. Party/Case Index Bankruptcy Name Search Results Page I of I u~s~ Pal{Jty/Case Il!Idl~x Bankruptcy Name Search Results 1 Total Party match for selection RAFFENSBERGER, FRANCES for ALL COURTS Search Comptete Tue Apr 26 14:28:56 CnT 2005 Selections 1 through 1 (Page 1) . Download (1 """" S I).OIl) Name Court Case No. Filed Chapter I RAFFENSBERGER, FRANCES M. Rambk~ 04c06847 11/15/2004 7 PACER Service Center Transaction Receipt Description: Ifp0039 Bankruptcy srch pg I II 0412612005 14:28:56 I Client Code: Search Criteria: RAFFENSBERGER, FRANCES 110.08 PACER Login: BilIahle Pages: Ilcost: U.s. Party/Case l!ldex - Home Search: All Court Types I Al'Rellate I' Bankruptcy I Civil I Criminal Reports: Court Code Ll~t ] Date Range] COllIts not on Index I StatisticatReports User Options: Ghange Client Code I )\j"w Login I Billing History I PSCJ:lome Page I E-Mail PSC 1 LogQ1lt "?" . '~~1Q ? . ? http://pacer.uspci.uscourts.gov/cgi-bin! dquery. p I 4/26/2005 -\ t}~ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Frances M. Jenner f/k/a Frances M. Raffensberger Debtor Bk. No. 1 04-06847 MDF Chapter No.7 Deutsche Bank National Trust Company, as Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 Movant 11 U.S.C. 5362 v. Frances M. Jenner f/k/a Frances M. Raffensberger and Markian R. Slobodian, Esquire (Trustee) Respondents ORDER MODIFYING 5362 AUTOMATIC STAY Upon consideration of Motion of Deutsche Bank National Trust Company, as Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 V.S.C. 362 is modified with respect to premises 200 Mill Street, Mt. Holly Springs, PA 17065, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001 (a) (31 is not applicable and Deutsche Bank National Trust Company, as Trustee f of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 may immediately enforce and implement this Order granting relief from the automatic stay. BY THE COURT, 71~~~~~ Date: March 16,2005 This electronic order is signed and filed on the same date. \ 6 Y\" Iu\~ f _..,.~..--,-,~----- ~ \ () IN THE COURT OF C8MMON PLEAS Cumberland COUNTY, PENNSYLVANIA [lEG {} Ii 200t" '~ Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, lnc" Asset-Backed Pass TIrrough Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated As of May 1, 2003 COURT OF COMMON PLEAS CNIL DNISION vs. Cumberland COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Tenn ORDER AND NOW, this ~ day of ~ , 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED, It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendant Frances M. Raffensberger, by: I. First class mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, P A 17065. 2. Certified mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, P A 17065. 3. ~ ~a';. -r:.~.... ...:. ~ t.+)d(h) ~P4.UP J. VE RIFICA TI ON Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and COffect to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. / By: Danie G. Schmieg, Attorney for Plaintiff \Date: April 28, 2005 Phelan Hallinan & Schmieg, 1.1.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1,2003 COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY Michael W. Raffensberger Frances M. Raffensberger NO. 04-5134 Civil Tenn CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Frances M. Raffensberger 200 Mill Street Mount Holly Springs. P A 17065 obert 1. O'Brien, Esquire (Attorney for Michael W. Raffensberger) 'Brien Baric & Scherer 9 West South Street arlisle, PA 17013 I I \ The undersigned understands that this statement is made subject to the penalties qf 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. I I I Respectfully submitted, Phelan Hallinan & Schmieg, 1.1.P. / By: Danie G. Schmieg, Esquire Attorney for Plaintiff i D~te: April 28, 2005 c:- ':& , , l-.i-'l -r,'~, :~.-:;~. , , "::','" -, -Y. f\'l '-.,> , (...0 " -- -' c., .,"- v:; ~ .------ - --I .. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING GREEMENT DATED AS OF MAY 1, 2003 COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County Plaintiff vs. ICHAEL W. RAFFENSBERGER RANCES M. RAFFENSBERGER No. 04-5134 CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE o THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above aptioned matter. PHELAN H~SCHMIEG, LLP S. HALLINAN, ESQUIRE CE T. PHELAN, ESQUIRE G. SCHMIEG, ESQUIRE Attorneys for Plaintiff ate: April 26, 2005 I rh, Svc Dept ile# 100408 Q r-> 0 ~-:::> = -(1 c.;1 ..".~ ;:-j :;';';\0 -< (oj C. ?~-: \;0,.; ~:\ C~) < -~ \L' RECEIVED MAY 05 mf 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc.. Asset-Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May I, 2003 vs. CIVIL DIVISION NO. 04-5134 Civil Term Michael W. Raffensberger Prances M. Raffensberger ..{MORDER AND NOW, this 5" day of /VI 0- ' 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the omplaint and all future pleadings on the above captioned Defendant, Frances M. Raffensberger, I. First class mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, PAl 7065; and 2. Certified mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, P A 170651 .,....\. i/. fk) (3.l'O'~<.~tc-Pt~ ~ , L~ J. 6~;:2 Hd C_ I t'i) ron? .J to" ~J::J Uv Ab"~)L;i !v:,JL'cJ 3~'il :10 :(;[:1::0--0:1"113 ........ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County Ys. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER No. 04-5134 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By:r~)1-~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: May 12.2005 /mmt, SyC Dept File# 100408 ,. =_J c' ..,"' G-: PH.ELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza. Suite 1400 Philadelphia, PA 19103 (21 S) SIi,-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. : NO. 04-5134 MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BV MATT. PITRSTJANT TO r.OllRT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons MICHAEL W. RAFFENSBERGER and FRANCES M. RAFFENSBERGER at 200 MILL STREET, MOUNT HOLLY SPRINGS, P A 17065, on 5/12/05, in accordance with the Order of Court dated 5/5/05. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: Jnll" Ii, 700S ::FAfVVV~ 5$ "UaJi ~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff o ~; SitF .::::r ~r:':: ~(: ~2 :6 -< ...., = = <.n <- S ..... ~ :I! n1:D r Be. -I~ 6:0 ~~ -' ~ .< I 0:> -0 :x ~ w o . Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1~) ~1l1- 7000 ATTORNEY FOR PLAlNTWF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERlQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 : Court Of Common Pleas : Civil Division : CUMBERLAND County : No. 04-5134 CIVIL TERM vs. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER A FFIDA VTT OF SFRVTrF RY PI JRI IrA TTON TN ArrORDA NrF WITH rOT TRT ORDFR I hereby certifY that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated MAY 5, 2005 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b )(1) in THF SFNTTNFT, on MAY lR, ?005 and rIJMRFRT,ANfl TAW TOTTRNAT.on MAY 71, ?OO~. Proofs ofthe said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties ofl8 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. ~ r:; (!i 4IV;;" ,2 , . Francis S. Hallinan, Esquire Date: June 8, 2005 Martin Tray Service Dept. ~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May]8, 2005, COPY OF NOTICE OF PUBLICATION " . NOTICE OF ACTION IN.MORTGAlHI POI\IQI,.Q8lIIlI! IN THE CClI!Il'I' CIf' COMIMlN PLJAI OF Cl/lla11lUNO COUNlY ......VLVANlA CIVIL ACTION - LAW DEUTSC~EBANkNATIQMAL TRUST, OOURTOF COMMOlll PLEA~ COMPAIIV,ASmTE.EO~,. IYSION .,' AflI TM...... E~.._... ~~____._......,_._.. ~E ,. ~c'<'CUlillllRLANDCOUNTY! . THE POOLING . .' ANO IC GR'EEMENToAtED NO.lJ4.5,34 AS OF MAY', 2003 VI. MICHAEL W; RAFFENSBERQiR FRANCES~.RAFf'ENSBERGER NOTlCI! TO_cUII. IIAI'I'EN...-: You are herwtly _d tIlol on 0GIIlIlII:1I. ~ PI.lntltf, BElIT8CHI!'\IANK l NATIONAL TRusT COMPA~STEE OF AMERlQUeST MOlITGAGE ' "'CUlllTISS. iNC" ASSET -BACKED PASS THROUGIlCEll'l'lFICATES, S1iRIES 2003-6, UNDER THE POOUNG AND SERVICING. AGREEMENT DATED AS OF MAV 1,2003, ftlad oMortQaall ~..~__o _ to Dal8pd, 'galnl' you In lIIa-COur! 01 Common F'Ieaa ofCUMlERlAND CouI1l\l, paMayIvanla, doc_Ill No. 04-5134. wnoraln PIaInCIII_ to . _"'~.oacu<e<I on your propartylocalad 01200 MILL STREET, r IiIOuNfHOLL Y SPRINGS, PA '7065 whereupon your P'OIl8rlY _Id ba B61d by tho ~ofCUMBERLAND County. Yqu '.~h8reby nOtffillldto plead to the above referenced Cornplalnt on or befOre 20 days from the date of thie pubtlcation or a Judgement wlh ~entllred agalnat you. NOTICE Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ::3';:;~ Sworn to and subscribed before me this 18th day of May, 2005. (',Iv. A LttlilA, h ~)%iQ Notary blic If yOu wtah to defend. you must ente, a wrttten appearance peraonalty or by attomey ! / .ndflleyourdofanH8orobjactionalnwrtllllllwlthlh.courl. You....wameclth.U. My commission expires:q '/()f you fait 18 do 80 the case may proceed without you llOd ajl.tdglment may be "red, agaln8t you wlthouUufther notiCe for the reMef requested by the plaintiff. You may > 101.1l10nay or proparty or other rlahlo ImI\OrllU1l to you. (OU SHOULD TAKE THIS NOTlClrTO YOUR LAWVER AT ONCE, IF YOU DO NOT, COMMONWEAL TH OF PENNSVL VANIA HAVE A LAWYER, GO TO OR TELEPHONE THE 0FFl(ll! SET PO.RTH sILOW. . . THIS OFFICE CAN PROVIDE YOU WITH INFORMATION AIlOUT HIRING A f Nolanal Seal LAWYER. . 'Ctlnslina L. Wolle. Nolary Pub!" F YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFl'ICE IlAY BE ABl.E TO ' Carlisle Bore Cumberland CountylC PROVIDEYOUWITHINFORMATIONAllOUT.AGENllIQ~TMAYOFFER M Com . .' . LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE\) FEE OR NO FEE. . Y mISSIon Expires Sept. 1, 2008 -, Member, Pennsylvania Association Of Notaries CUMSERI.AND COUNTY LAwveR REFERRAL SERVICE CUMBERLAND COUNT'( SAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA '10'3 (800) 890-9108 -- ., ". . > PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, Viz MAY27,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 27 day of May, 2005 NOT AL SEAL LOIS E. SNYDER, NotalY Public Callisle Boro, Cumbef\Ilnd County My Commission Expiles MalCh S, 2009 . ~. . CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 04-5134 DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC.. ASSET- BACKED PASS THROUGH CERTIFICATES. SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY I. 2003 VS. MICHAEL W. RAFFENSBERGER FRANCES M. REFFENSBERGER NOTICE TO FRANCES M. REFFENSBER- GER: You are hereby notified that on Oc- tober 12, 2004, Plaintiff, DEurscHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS TIlROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERV- ICING AGREEMENT DATED AS OF MAY 1, 2003, filed a Mortgage Fore- closure Complaint endorsed with a Notice to Defend. against you in the Court of Common Pleas of CUMBER- LAND County. Pennsylvania, dock- eted to No. 04-5134. Wherein Plain- tiff seeks to foreclose on the mort- gage secured on your property lo- cated at 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this pubUcation ar a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a wrltten appearance person- ally or by attomey and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE A lAWYER, GO TO OR TELEPHONE THE OF- FICE 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 AGEN- CIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY lAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 [800) 990-9108 May 27 9 n ,.." 0 = ('- c;:.~ -n "" <-- :r!., s:; rnp '""',- m -0 ~nO (..) ;:'1~? ~ ,- \, C. :;? ~~25 ( . ...-;.. cSrn s-_; (-'" I ...< ."'" 0j -:;:) -, ,7 -<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities,) CIVIL ACTION Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 Plaintiff ) NO. 04-5134 CIVIL vs. Defendants ) TYPE OF PLEADING: ) Notice of Judgment to Defendants ) Mortgage Foreclosure ) Code and Classification 140 Civil Action Michael W. Raffensberger Frances M. Raffensberger Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA I.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Finn I.D. #23-2301814 TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and ) CNIL ACTION Servicing Agreement Dated as of May 1, 2003 Plaintiff ) NO. 04-5134 CIVIL ) vs. Defendants TYPE OF PLEADING: ) Praecipe For Judgment For ) Failure To Answer And Assessment Of Damages ) Mortgage Foreclosure ) Michael W. Raffensberger Frances M. Raffensberger Code and Classification 40 Civil Action PREMISES: 200 Mill Street Mount Holly Springs, P A 17065 Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. _ PA I.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Firm I.D. #23-2301814 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1,2003 : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS Michael W. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 : CIVIL DIVISION : NO. 04-5134 CIVIL Frances M. Raffensberger 200 Mill Street Mount Holly Springs, PAl 7065 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Frances M. Raffensber!!er Defendant, only, for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: DAMAGES TO BE ASSESSED AT A LATER DATE. I hereby certify that (I) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1{UHk J~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ J>HELAN HALLINAN & SCHMIEG, LLP By; FRANCIS S. HALLINAN, ESQ. Identification No. 62695 Suite 1400 One Penn Center at Suburban Station Philadelphia, P A 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May I, 2003 : CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS MichaelVV.Flaffensberger Frances M. Raffensberger CIVIL DIVISION : NO. 04-5134 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on infonnation and belief, he has knowledge of the following facts, to wit; (a) that the defendant is not in the Military or Naval Service of the United States or its ABies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (c) that defendant Frances M. Raffensberger is over 18 years of age and resides at 200 Mill Street, Mount Holly Springs, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~)~ FRANCIS S. HALLINAN, ESQUIRE PHELAN, HALLINAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 ,) '/'1-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INe, ASSET-BACKED PASS : CIVIL DIVISION THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT : CUMBERLAND COUNTY DATED AS OF MAy 1, 2003 Plaintiff : NO. 04-5134 CIVIL Vs. FRANCES M. RAFFENSBERGER Defendants TO: FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 DATE OF NOTICE: JllNF Iii 200; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IMPORTANT NOTICE CUMBERLAND COUNTy LAWYtRREFERRALSERV~E CUMBERLAND COUNTy BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 CC: ROBERT L. O'BRIEN O'BRIEN BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ---'1~~O' lur MilItary Status Department of Defense Manpower Data Center .. Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of2003 Page I of I JUN-27-200508:49:30 <Last Name First Middle Begin Date I Active Duty Status I Servicel Agency RAFFENSBERGER FRANCES Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the infonnation data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Infonnation provided, as to all branches of the Military. ~~J7~U-~ Robert 1. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you bave information tbat makes you feel tbat tbe DMDC response is not correct, please fax YOur response to 703-696-4156 or call 703-696-6762 and furtber researcb will be done. For personal privacy reasons, SSNs are not available on tbis printed results page. Requesters submitting a SSN only receive verification tbat tbe SSN tbey submitted is a matcb or non-matcb. httPS:/lwww.dmdc.osd.mil/UdPdri/owa/sscra.prc_select 6/27/05 ~~ F ~ ~ 6J \tr r: ~ (J ...Q ~ 0 ~~ ~ P- ~ --c:.~ ~ () s ~~ ?=~' ~ .~ ,. t,] . 1;::(,;; 2;(:) !.::':"lj -::p,c~ . <;; ~ ~ ~ = en ~:!l n,.- -ofl1 1:'56 ~:r, -n o-~ ::x z~ - S ... ~,.",. Ul ~ <...:> <- c: z w C) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bauk National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 Plaintiff ) CIVIL ACTION - LAW ) NO. 04-5134 CIVIL vs. Michael W. Raffensberger Frances M. Raffensberger Defendants Notice of Entrv of Judl!"ment in Accordance with Pa. RC,P., Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Frances M. Raffensberger onJ I J 0 E... .3 6 ~6GI.S' f If you have any questions concerning this matter, please contact: ~E~~ FRANCIS S. HALLINAN. ESOUIRE TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRuPTCY, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2003-6, Uuder the Pooling aud Servicing Agreement Dated as of May 1, 2003 505 South Main Street, Suite 100 Orange, CA 92868 Plaintiff :: Court of Common Pleas Civil Division vs. Cumberlaud County Michael W. Raffensberger Frances M. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 Defendants No. 04-5134 ORfiRR AND NOW, this day of , 2005 upon consideration of Plaintiff's Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Michael W. Raffensberger, for $121,224.62 plus interest from October II, 2004 at the rate of $21.88 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. " PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Snbnrban Station 1617 John F. Kennedy Bonlevard Snite 1400 Philadelphia, PA 19103-1814 (21 '\) o;fi1-71l1l1l Attorney for Plaintiff Dentsche Bank National Trnst Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 505 Sonth Main Street, Suite 100 Orange, CA 92868 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland Connty Michael W. Raffensberger Frances M. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 Defendants : No. 04-5134 MOTION FOR STTMMARV .rrm,r.MF.NT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: I. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant. Frances M. Raffensberger, has failed to file an Answer to the Complaint, and Plaintiff has entered a default judgment against her. A true and com:ct copy of Plaintiff's Praecipe for Judgment is attached hereto, incorporated herein by reference, and marked as Exhibit F. 4. Defendant, Michael W. Raffensberger, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiff's attached Brief. 5. In his Answer, Defendant improperly denies paragraphs five and six ofthe Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiff's " Mortgage Foreclosure Complaint and Defendant's are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 6. Defendant has failed to sustain his burden of presenting facts, which contradict the averments of Plaintiffs Complaint 7. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1814, Page 39, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A I. 8. By Assignment of Mortgage recorded December 3, 2004, the Mortgage was assigned to Deutsche Bank National Trust Company, As Trustee, of Ameriques,t Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1,2003, which Assignment is recorded in Assignment of Mortgage Book No. 713, Page 2428. A true and correct copy of the Assignment to Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1,2003 is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 9. The Mortgage is due for the June I, 2004 payment, a period in excess of fourteen months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 10. Plaintiffs Complaint contained an inadvertent clerical error in that it set forth an inaccurate amount with respect to the interest due on this account Plaintiffs Complaint inadvertently stated that the per diem amount of interest was $22.18 for a total amount in interest of$3,637.52. In fact, the per diem amount should be $21.88, and is calculated as follows: Interest Rate x Unpaid Principal Balance / 365 days = Per Diem 6.9% x $115,743.95 / 365 = $21.88 Therefore, the actual amount of interest should be $3,588.32, as is confirmed in Plaintiffs Affidavit (see " Exhibit B). II. Defendant's default is also evidenced by Plaintiffs loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit G. 12. The last payment applied to the mortgage was on or around June 29, 2004. Plaintiff applied this payment to Defendant's account for the May 2004 payment, as is evidenced by the attached loan history (see Exhibit G). Defendant has not tendered another payment and the account remains due and owing for the June 2004 payment. Furthermore, Defendant did not provide proof of any payments he might have made. 13. Defendant has admitted that Plaintiff has complied with Act 91 of 1983. 14. Defendant has admitted that the notice provision of Act 6 of 1974 does not apply to this case. 15. Nevertheless, Plaintiff sent Defendant a letter notifying him of his default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. 16. The Temporary Stay as provided by the Homeowm:r's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Df:fendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit E. 17. Plaintiff submits that its request for attorney's fees f<)r preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 18. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP ()OVl') J ine R. Davey, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ") ""l- 7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Iuc., Asset- Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 505 South Main Street, Suite 100 Orange, CA 92868 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland Connty Michael W. Raffensberger Frances M. Raffensberger 200 Mill Street Monnt Holly Springs, P A 17065 Defendants : No. 04-5134 PI ,ATNTIFF'S RRTRF TN SrTPPQBI OF ITS MOTION FOR SITMM ARV .nmGMli:NT I. nFFFNnANT'S OFF Am ,T ITNnF.R THF. MORTGAGJi: On May 20, 2003 Defendant, Michael W. Raffensberger and Frances M. Raffensberger, executed a Promissory Note in favor of Plaintiff's predecessor in interest, Ameriquest Mortgage Company, in the principal sum of$116,850.00, this sum being payable in equal, consecutive, monthly installments of principal and interest of approximately $769.58. On the same date, Defendants made, executed and delivered a Mortgage on the property at 200 Mill Street, Mount Holly Springs, PAl 7065 (hereinafter the "Property"), as collateral for the Promissory Note. The Mortgage has been assigned to Plaintiff, as is addressed in Plaintiff's attached Motion. Defendants defaulted under the Mortgage and Note by failing to make payments due June 1,2004 and each month thereafter. By the express terms of the Mortgage, upon default in such payments for a period of one month, the entire debt is immediately collectible. '. On August 3,2004, due to Defendant's default, Plaintiff mailed Defendant notice of its intention to foreclose on the Mortgage by certified mail to Defendant at his last known address. Defendant, however, failed to cure the default True and correct copies of the notices are attached hereto, incorporated herein by reference, and marked as Exhibit E. Because Defendant failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. Accordingly, the present action was filed on October 12, 2004. To date, Defendant has not brought the account current n. PLAlNTTFF IS RNTTTT.rm TO SITMMARV .rrmGMRNT AS A MATrRR OF LAW Summary judgment is a means to "eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality." Liles, v RaImer, 389 Pa.Super. 451, 567 A.2d 691 (1989); First v Zem Zem T~rrq:>le, 454 Pa.Super. 548, 551, 686 A.2d 18, 20 (1996). A Motion for Summary Judgment shall be granted if the documents of record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter oflaw. Pa.R.c.p. 1035.2(1); Allen v Merriw~ather, 413 Pa.Super. 410, 411, 605 A.2d 424 (1992); R~asel v N~w Rlwl Rakine Cn [nc, 410 Pa.Super. 591, 593. 600 A.2d 610 (1991). The moving party bears the burden of demonstrating clearly that there is no genuine issue of triable fact Driscnll v Carp~nters District CmJncil nrW~st~m PenMylvania, 370 Pa.Super. 295, 536 A2d 412 (1988); affirm~rl, 525 Pa. 205, 579 A2d 863 (1990); A1\en, 413 Pa.Super. at 411; Reasel, 410 Pa.Super. at 594; Hnw~r v Whitmark Assnc , 371 Pa.Super. 443,381 A.2d 524 (1988); Romah v Hygi~nic Sanitation Cu., 705 A.2d 841, 848 (pa.8uper. 1997). In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Pharr v Gemer, 451 Pa. 146,303 A2d 826 (1973); DHiai V D~nnis, 431 Pa.Super. 366, 370, 636 A2d 1130,1132. Rule 1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides: A vennents in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. It is well settled that a general denial is unacceptable and deemed an admission where it is clear that the defendant has adequate knowledge and that the means of information are within the control of the defendant Flia v OI'7ew,ki, 368 Pa. 578, 84 A.2d 188 (1951). O:rc,one v Cerc.one, 254 Pa. Super. 381, 386 A.2d I (1978); City ofPhilaelelphia v Hertler, 114 Pa. Cmwlth. 475, 482, 539 A.2d 468, 472 (1988). Gooelric,h-A mram 2d ~ I 029( c)(1), p. 280. A general denial effectively manifests an admission to the facts averred in the complaint Swift v Milner, 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Michner v Montgom"l}' COllnty Tax Claim RlIreall, 671 A.2d 285, 288 (pa. Cmwlth. 1996). One purpose in demanding a specific denial is to enable the parties to focus upon the disputed facts and to assist the Court in defining the issues for trial. Roeley, Harting fir Ree,e v Stllart, II D&C 3d 303,310 (Chester Co. 1979). Plaintiff submits that, in the Answer, Defendant has effectivdy admitted eveI)' allegation of the Complaint Although Defendant purports to deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage, respectively, Defendant's averments amount to nothing more than general denials and demand for proof. Defendant genera\1y denies the amount due under the Mortgage without reference to what he believes to be the correct amount due, or reference to any good reason to believe that the amount sought is erroneous. Unquestionably, Defendant knows specifica\1y what payments he made on the Mortgage. Accordingly, because Defendant is charged with having sufficient knowledge upon which to base a specific denial with respect to the averments contained in paragraphs five and six of the Complaint, a general denial is insufficient to raise a genuine issue of fact Cerc,one v Cercone, supra; City ofPhilaeldphia v Hertler, supra. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, Defendant may not rest on the pleadings, but must sustain the burden of presenting facts to counter Plaintiffs averments. New York ",,"relian Morte"ge v Diet7d, 524 A.2d 951 (pa. Super. 1987). Wa<hington Feeleral Sa vine' a",1 roan A<<oc,iation v Stein, 515 A.2d 980 (pa. Super. 1986). A party will not be able to rely on I 029( c) and be excused from answering averments based on a lack of information where that party has sufficient information at its disposal to answer such a\1egations. Comn,w hy Preate v Rainoow A"ociates, 138 Pa. Cornrow. 56, 587 A.2d 357, 358 (1991). The Pennsylvania Superior Court recently reiterated this principle in another mortgage foreclosure case. The Court held that the mortgagors' general denials in their answers to the Complaint must be considered admissions. First Wismnsin Tmst ~o v StTmlSser, 439 Pa.super. 192, 653 A.2d 688 (1995). The Court reasoned that the only persons with knowledge of the amount due, besides the mortgage company, would be the mortgagors. Therefore, if defendant mortgagors do not plead specific facts in response to the allegations in the Complaint regarding the default and the amount due, the Defendant is deemed to have admitted the allegations, and summary judgment for the mortgage company is proper. first Wl~~om::ln Tnl~t Co v Stnm~C::M", supra. In determining if an answer is a general denial, the Court must examine the pleadings as a whole. ~ommw h.y Pre.!e, snpr.. at 61,587 A.2d 357,360 (1991). A review of the pleadings as a whole in the instant case reveals that Defendant has failed to sustain his burden of presenting facts, which contradict the elements of Plaintiff's claim. Defendant's general denial of the amounts due and the default should be viewed as admissions by this Honorable Court. m. AMOTTNT OF THF. IN RFM .rrmGMFNT The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendant's mortgaged property to Sheriff's Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown ViII.ge P.rtne..hip v Kimmel, 424 Pa. Super 53,55,621 A.2d 1036, 1037 (1993). Si!V'.l Con",mer Disconnt Comp.ny v R.hllscio, 257 Pa. Super 101, 109,390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. PaKC.P. 1147(6). The purpose of the dollar amount in the in rem judgment is only for bidding at the Sheriff's Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff's Sale and become the successful purchaser, Plaintiff would receive the amoWlt of the in rem judgment from the Sheriff, while the third party purchaser would obtain a deed to the property. Accordingly, the amount of the in rem judgment has no bearing or impact on the Defendant. IV. ATTORNF.V FF.F.S AND COSTS ARF. RF.ASONART.F: As to the attorney fees recited in paragraph six of the Complaint, it should be noted that paragraph twenty-two of the Mortgage clearly indicates that Defendant is liable for an attorney fee, costs of suit, and costs of title evidence if Defendant defaults on the loan. The attorney fee claimed in Plaintiff's complaint is less than five percent of the principal balance due on the loan. When Plaintiff was preparing its foreclosure Complaint, it could not know how much the attorney fees and costs would be upon completion of the foreclosure action. Plaintiff could not know whether the Defendant would contest the case and, if so, how extensively. Accordingly, Plaintiff used pennsylvania case law as a guide. Attorney fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. Eastg;;te Fnte'l'rises Tnc v Rank ann Tmst rompany ofOln Vork Roan, 236 Pa$uper. 503, 345 A.2d 279 (1975). As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of five percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Rohinson v T oomis, 51 Pa. 78 (1865); First Feneral Savings ann T oan Association v Street Roan Shopping renter, 68 D&C 2d 751, 755 (1974). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges made necessary because the mortgagor failed to meet his obligation. FOlllke v Hatfieln Fair ('"ollnns Ra7aar I.nc., 196 Pa.Super. 155, 173 A.2d 703 (1961); Harper v ronsolinaten Rllhher ro, 284 Pa. 444,131 A. 356 (1925). In Feneral T and Rank of Baltimore v Fetner, the Superior Court held that an attorney fee of 10% of '. the original loan amount was not unconscionable. 410 A.2d 344 (pa.Super. 1979). Recently, the Superior Court cited Eetner in confirming that an attorney fee often percent included in the judgment in a mortgage foreclosure action was reasonable. riticorp v Morrisvil1e Hampton Really. 662 A2d 1120 (Pa.Super. 1995). Importantly, Plaintiff clearly outlined how Defendant could avoid paying Plaintiff's attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendant. Defendant, however, failed to take the necessary affirmative steps to cure the delinquency, but rather has opted to litigate, which has resulted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiff's Complaint is neither excessive nor unreasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of surrunary judgment. First National Rank and Tmst ro o[Newton v Fnricn, 40 D&C 3d 228 (1985). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees. V. PLAINTIFF'S MORTGA(~F FORFCJ .OSITRF AC'fION OOFS NOT rOMF ITNTlFR AC'f 6 OF 1974 As averred in paragraph nine of the Complaint, the notice provisions of Act 6 of 1974 do not apply to this case. Section 403(a) states: Before any residential mortgage lender may accelerate the malturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure to recover under such obligation '" such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance as provided in this section. (emphasis added.) 41 P.S. ~403(a). Section 403(a) applies only to residential mortgages. Section 101 defines a residential mortgage as, "an obligation to pay a sum of money in an original bona fide principal amount of fifty thousand dollars ($50,000) or less ...". The Act 6 notice provision (~403) does not apply to the within case because the original loan amount exceeded $50,000.00. See Ande"on rontrading rompany v Dallgherty, 417 A.2d 1227 (Pa.Super. 1979). Nevertheless, it should be noted that Plaintiff sent Defendant notice of its intention to foreclose on the Mortgage, which outlined the necessary steps Defendant should take to avoid foreclosure. True and correct copies of the Notice of Intention to Foreclose Mortgage letters are attached hereto, incOlporated herein by reference, and marked as Exhibit E. Because Defendant fi,iled to take the necessary affirmative steps to bring the loan current, Plaintiff had no alternative but to commence foreclosure proceedings. VI. THF. TF,MPORARV STA V AS PROVIDRn RV THF. HOMEOWNER'S RMF.RGFNC.V MORTGAGR ASSJSTANCR PROGRAM:, ACT 91 OF 19R", HAS TF,RMlNATRn The Temporary Stay pursuant to Act 91 of 1983 has terminated due to Defendant's failure to meet with Plaintiff or an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendant True and correct copies of the Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 are attached hereto, incorporated herein by reference and marked as Exhibit E. Act 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagor by first class mail addressed to his last known address. 35 P.S. ~ 1680A03c(a). The statute specifically provides that notice pursuant to the statute shall be deemed received on the third business day following the date of the mailing of the same. 35 P.S. ~1680.403c(e). The letter contained the name, address and telephone number of Plaintiffs representative, whom Defendant could have contacted to discuss the delinquency and the possibility of qualifying for emergency mortgage assistance. Notwithstanding the receipt of this information, Defendant failed to take action that would have resulted in a temporary stay of the proceedings. Because the homeowner failed to meet with an approved consumer credit counseling agency and file an application within the period specified, and failed to meet other time limitations under Act 91, the temporary stay under Act 91 of 1983 has expired. Plaintiff, therefore, has properly complied with Act 91 and is permitted to proceed with its foreclosure action. Additionally, Plaintiff submits that the Pennsylvania Housing Finance Agency would now consider the homeowner ineligible for assistance due to Defendant's failure to satis1Y the procedural time requirements of Act 91 of 1983. VII. CONCLUSION The purpose of the summary judgment procedure is to pre\'ent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. In making its determination, the Court must accept as true aU properly pleaded facts, as well as all reasonable inferences, which might be drawn from them. Thomp<OTl V No,on, 379 Pa.Super. 115,535 A.2d 1177 (1988), offirm~n, 527 Pa.330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in support of and in opposition to the Motion for Summary Judgment, and to uncontroverted allegations in the pleadings. Pa.R.C.P.1035. Ov~r1y v Ko", 382 Pa.8uper. 108, 545 A,2d 970 (1989). Plaintiff submits that it has demonstrated sufficient facts to warrant summary judgment in its favor. Defendant executed the Mortgage knowing that he would be responsible for the payments. Plaintiff has provided an affidavit that Defendant is in default and set forth the amount owed by Defendant. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. Once Plaintiff has satisfied its burden, Defendant has a responsibility to demonstrate facts, which would create a genuine issue for triaL l'haff, supra. Defendant has failed to sustain his burden of presenting facts, which would contradict the elements of Plaintiff's claim. Plaintiff respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendant has had use ofthe Property rent-free at Plaintiff's expense long enough. Defendant's Answer has been interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. " WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due with interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property, Respectfully submitted, HELAN HALLINAN & SCHMIEG, LLP ~~ J n e R, Davey, l~ A orney for Plaintiff EXHIBIT A ',- . . I'.~.S. \al-t ~ - ?lJ ~ ql 6 -t" Prepared By:Amer1 quest Mortgage Company Return To: Susan Miller 150 Corporate Center Drive. Suite 102.Camp Hill, PA 17011 Amer1quest Mortgage P.O. Box 11507. Santa Ana. CA 92711 Company Paroel Number: 1740963 [Space Above TIds Line For Rec:ordJug DalIJ! MORTGAGE DEFINITIONS Words used in multiple sections of this document are" defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Cerlllinmles regarding.the usage of words nsed m this dOCument are also providOO in Section 16. (A) "Security Instniment" means this document, which is datedMay 20, 2003 IDgether with all Riders lD this document. (B) "Borrower"isMICHAEL W RAFFENSBERGER and FRANCES M RAFFF;NSBERGER. Husband and Wife. AS TENANTS BY THE ENTIRETIES. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameri quest Mortgage Company Lender is a Corporation 0046896783 - 5697 PENNSYLVANIA. Sirogl. Family~ni' .e ddle Me. UNIFORM INSTRUMENT Form 3039 1/01 4I>.,-SIPAIIOO08' 05/20/2003 9:07:19 f"iJoIJ'l1of"16 ln1tlaJ8; 'IMP MORTGAGe fOAMS. 18OOi621.7261 BK J 814PG0039 . ~=> Go) ':3 = -<: ..... .'1'\) = '. ~ :;: ~ 1!1 ' ~ ,'., Rgtii1 ;xl _~ '" r:: .....:~ 'j:;'<:llI--.J :z:1<l OJ ::13,:<,: 001" 0......;:;; C::<l70 :z:m.... .->i (q IT: -<O:::a , (..'; '" ,- -:0 :;3 .- "" -C -C '. , ~ ~ -1, p " organized and existing UlIller the laws of De 1 aware LeDder'saddtessis 1100 Town and Country Road, Suite 200 Orange. CA 92868 Lender is the mortgagee under.this Security Instrument. (D) "Note" means the promissory note signed by Borrower and date~ a y 20, 2003 The Note states that Borrower owes Lenderone hundred s 1 xteen thou sand el ght hundred fl fty Clnd 00/100 Dollars (U.S. $116.850.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fulloot later than June 1, 2033 (E) ".Property" means the property that is described below under the: heading "Transfer of Righls in the Property. " (F) "LoaD" means the debt evidem:ed by the Note, plus interest, any prepayment cbarges and late cbarges due under the Note, and all sums due under this Security Instrument, rdus interest. (G) '1uders" means all Ridets to this Security Iustrument that are executed by Borrower. The following Ride':S are to be executed by Borrower [check box as applicable]: ~ A<\iustable Rate Rider 0 Condominium Rider E' Second Home Rider Balloon Rider 0 Planned Unit Development Rider 11-4 Family Rider VA Rider 0 Biweekly Payment Rider :1 Other(s)[specify] (B) "~pplicable Law" means an controlling applicable rederliI, st.te and local statutes, regulations, ordinances and administrative rules and orders (that have the elIect of law) as well as all applicable fiDAl, oon-appealable judicial opinions. (I) "Commonlty Association.Dues, Fees, aud Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or slmiIar organization. (J) "Electromc Funds Transfer" means anyttansfer of funds, otbf:r than a transaction originated by check, draft, or simlIar paper instrument, wblch is iujtiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or autb:orize a financial institution to debit or credit an account. Such term includes, but is not limited to, poilllt-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transf"rs, aod automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Mlscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or othl,r taking of all or any part of the Property; (ill') conveyance.m lieu of condemnation; or (iv) misrepre5Clllfations of, or omissions as to, the va1ue and/or condition:of the Property. (M) "Mortgage Insurance" llieans insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (I) principal and interest under the Note, plus (Ii) any amounts under Section 3 of this Security Instrument. 0046896783 .5697 I......: I'=l>\ rz.. P...20"6 OS/20~~ Form3039 1/01 .-6{PA) 1"'00' .. BK 1814PG0040 . . 'i, .,. (0) "RESPA" means !be Real Estate Settlement Procedures Act (12 D.S.C. Section 2601 et seq.) and its implp.ll1enm,g regulation, Regulation X (24 C.F.R. Part 3500), as ~lCy might be amended from.time to time, or any additional or ~cessor legislation or regulation tbat gOV<'f1I8 !be same subject matter. As used in this Security Instrument, "RBSPA" refers to aU ~equirements and ,,:strlctions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Sul:CeSlOr In .Interest of Borrower" me81)S any party tbat has taken title to !be Property, whether or IIOt tbat party has assomed Borrower's obligations under !be Note andior this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Inslmll1ent secures to Lender: (i) !be repayment of the klan, and all renewals, extensions and modifications of !be Note; and (n) the performance of Borrower's coveQ8lltS and agreements under this Security Instrument and the Note. For this purpose, Bo)OlOwer does hereby mor4lage, grant and convey to tender !be following described property located in the Co u n t y (Type of Rl:cording Turisdiction) of CUMBERLAND IName ofRccordiog 1urisdiction]: Legal Description Attached Hereto and Made a Part Hereof. wbichcurrcntlyhastheaddressof200 MILL STREET MOUNT HOLLY SPRINGS ("Property Address'): [City], Pennsylvania 17065 ISlrcclJ [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all .easements, appurte1lances, and fixtures row or hereafter a part of thJ~ property. All replacements and additions shall also be covered by this Security Instrument. All of lh~ foregoing is referred to ill this Security Instrument as the "Property.<< .-6lPA) lOOOSI C Pag.3ot 18 00415896783 - 5697 InlwlI.: ;:::::m, tl-. OS/20/2003 9: 07: 19 Form 3039 1/01 4(j)12 BK /8/4PG004/ ~ , . .1 . , .. , BORROWER COVEl'lANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encmnbrances of record. Borrower warrants and will defend generall,y the title to the Property against all cJ;rlms and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uDifonn covenants for natioual use and non-wow covenan18 with Jimited variations by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree a. follows: 1. Payment of Prlnc:lpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Nole and any prepayment charges and Jate charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments doe under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under tbe Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent paymems doe under the Note and this Security IlIStl;ument be made in one OII more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier'. check, provided any such check i. drawn upon an ilIstitulilm whose deposits are insured by a federal agency, illStrulll"">foUty, or entity; or (d) Electronic Funds Tnmmer. Paymenls are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisiollS in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment.or partial payment illSUf!icient to bring the l:oan current, witlwut waiver of any righls hereunder or prejudice to ils riglJlts to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is appned as of its scbeduJed due date. then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds unli[ Borrower makes payment to bring the Loan current. If Borrower doe. not do so within a rearonable period of time, Lender shall either apply such funds or return lhem to Borrower. If not appned earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfurming the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, aU payments accepted and applied by Lender shaJl be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. /illy remaining amounts shaI1 be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which iilcludes a sufficient amount to pay any Jale charge due, the payment may be applied to the delinquent payment .and the Jate charge. If more than one Periodic Payment is outstanding, Lend"r may apply any paymeut received from Borrower to the repayment of the Periodic Payments if, and to th,: extent that, each payment can be S-6(PA) (0008) .., Pag64Qf16 ?n~,~.~~7f - 5697 .""~ -- 1/01 BK 1814PG0042 . , . , , ,. paid fu full. To the extent that any excess exists after the payment is :!Pplied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges'due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in th,: Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall oot extend or postpone the due date, or change the amollDt, of the Periodic Payments. 3. Funds for Escrow lte..... Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to Iprovide fur payment of amounts due fur: (a) taxes and assessments and other items which can attain priority over this Security lnstIUment as a lien or ellCumbrance on the Property; (b) leasehold payments or growi1d rents on the Property, if any; (c) premiums fur any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items." At origination or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Uorrower, and such dues, fees and assc""m...l. shall be an Escrow Item. Borrower shaIl proJDptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds forBscrow Items unless Lender waives Borrower's obligation to pay the Funds for any Or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds fur any or all Escrow Items at any lime. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounta due fur any Escrow Items for which payment of Funds has been waived! by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such linle period as Lender may require. B<mower's obligation .10 make such payments and to provide receipts shall fut all purpoSeS be deemed to be a covenant and agreement conmined in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items curectly, pursuant to a waiver, and Borrower fai1s to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shalJ then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow llemll at any time by a notlce given in acconlance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified. under RBSPA, and (b) not to exceed the maxiDlllm amount a lender can require under RESp A. Lender shall estimate the amount of Fuuds du<' on the basis of current data and reasonable esti!Dlltes of el<pellditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an instilution whose deposits are iusured by a federal agency, instrnmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the :Elscrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, uuIess Lemler pays Borrower interest on. the Funds and Applicable Law permits Lender to make such a charge. Unless au agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest ~ -6fPA) (00051 PiQO 6of16 0046896783 - 5697 Inldd,,: t==M It OS/20/2F form3039 1101 BK 1814PG0043 . . . . shan be paid on the Funds. Lender shall give to Borrower, without charge, an allllllal accoUlllillg of the Funds as required by RBSP A. If there is a surp1us of Funds held in escrow, as defined under RESP A, Lender shall accouut to Borrower for the excess funds in accordalu:e with RESPA. If there is a shortage of Funds held in escrow, as defined onder RESPA, Lender shall notify Borrower as required bl' RJ'ISPA, and Borrower shall pay to Lender the amount necessary to make up the slIllrtage in accordance with RESP A, but in no more than 12 monthly paymeDlS. If there is a deficiency of Funds held in escrow, a" defined under RBSP A, Lender shall natify Borrower as requited by RBSP A, and Borrower shall pay to Lender the amouut necessary to make up the deficiency in accordance with RESPA, but in no more than 12monthiy payments. Upon payment in full of an sums secured by this Security Instrument, Lender shaIi promptly refund to Borrower any Fonds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold paymentS or ground rents on the Property, if any, and Community Association Due.., Fees, and AssessmeDlS, if any. To the extent that these items are Escrow IleiUs, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority Clver this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a DJaIlller acceptable to Lender, bnt only so long as Borrower is perfooning such agreemen~ (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the ~o=ent of the lien while those proceedings are pendiJ'll, but only 1mtil such proceedings are concluded; or (c) secures from the holder of the lien an agreement liatisfactory to Lender subordinating the lien to this Security Instrument. If I,.ender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a natice identifying the lien. Within 10 days of the date on whiCh that notice is given, Borrowet shall satisfy the lien or talre one or more of the acticms set forth above in this Section 4. Lender may requite Borrower to pay a oile-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shalllreep the improvements lUlW existing or hereafter erected on the Property insured against loss by fire, hazards included within the tmn "extended coverage," and any other hazards including, but notlimi1ed to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (mcluding deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding senttnces can change during the term of the Loan. The itlSllt8llCC carriei: providing the insurance shall be chosen by Borrower subject to Lender's right to. disapprove Borrower'.s choice, wbich right shall not be exercised unrearonably. Lender may require 'Borrower to pay, in connection with this Loan, either: (a) ~I one-time charge for flood zone detcrminalion, certification and tracking services; or (b) a one-time ch!rge for flood zone detennination and cerlification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such detennination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Managemenlt Agency in connection with the review of any flood zone determination resulting from an objection by BltIower. .-6IPAl (0008' ~ Pagol6of 16 00'16896783 - 5697 lnilllll.:t=M. fl...... Q5/20';.~ Form3039 1/01 BK 1814PG0044 .' '. .. If Borrower fails to m..nhlrn any of the coverages described a.bove, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is nnder no obligation to purcbaBe. any particular type or 'amount of coverage. Therefore, such coverage sba:~ cover LeDder, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the instlrallCe coverage so obtained might .igrtifie..ntly exceed the coSt of insurance that Borrower could have obtained. /my amounts disbursed by Lender under this' Section 5 shall become additional debt of Borrower secured by this Security InstruJneJ>t. These amounts shall bear interest at the Note rate from the date of disbursement and sha11 be payable, with such interest, upon notice from Lender to Borrower requesting payment. AIl insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall inclnde a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender sha11 have the r:\ght to hold.the policies and renewal certificates. If Lender requires, Borrower sha11 promptly give to LendJ~r all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage" not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sha11 incllnde a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance caaier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lf>lider and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insrumnce was required by LeDder, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restnration,pl'riod, Lender sball have the right to hold such insurance proceeds until Lender has bad an opportunity to iinspect such ProJR'I1Y to ensure the work has been completed to Lender's satisfaction, provided that ...ch inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoratioJ1 in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or' earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. if the restoration or repair is not economically feasible or Lender's securily would be lessened; the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be .ipplled in the order provided for in Section 2. If Borrower abandons the Property, Lender may Jile, negotiate and settle any available insurance claim and related matters. If'Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiale and settle the ,claim. The 30-day period will begin when the notice is given. In either event, or if Lc:nder acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the NOI:e or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned preminms paid by Borrower) under all insorance policies covering the Property, insofilr as such rights are applicable to the coverage of the Property. Lender may use the 1","'T'l1'r.e proceeds either to repair or restote the Property or to pay amounts unpaid under the Note or this Security Instrument, whetller or-not then due. CI;':;6(PA) (0008) Pagl70f16 00468967~ .5697 lnltil"a: t:::N\ 05/20A~ Form 3039 1/01 BK 1814PG004.5 , . . " 6. Occupancy. Borrower shall occupy, establish, and use tile Property as Borrower's priocipal residence wilbin 60 days after the execution of this Security Iostrument and sha11 continue to occupy the j'roperty as Borrower's principal residence for aj least one year aller l!he date of occupancy, unless Lender olberwise agrees in writing, which consent sha11 not be unreasonably withheld, or unless extenuating circumslances exist wbich are beyond Borrower's control. 7. Prerervation, Mainrenance and Protection of the Property; inspections. Borrower shall not ~oy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. W!Jether or not Borrower is residing in the Property, Bonower shall mainfllin the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower sba1l promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemmtionproceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property Only if Lender has released proceeds for sm:h purposes. Lender may disburse proceeds for the repaits and restoration. in a single payment or in a series of progress payments as the work is completed. If the insurance or cond'lmnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has Ie8sunable cause, Lender may inspect the interior of the improvel!1ent>: on the Property. Lender shall give Borrower no1ice at the time of <5I prior to sm:h an interior inspection specifying sm:h reasonable cause. 8. Borrower's Loan Application. Borrower sba1l be in default if, during the Loan application process, Borrowe): or any peISOns or entities acli11g at the directio~l of Borrower or with Bon:ower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or faiIed to provide Lender with material information) in cOnJllCction with the Loan. Material representations include, bnt are not limited to, representations conceming Borrower's oCcupllDCY of the Pr~ as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the coveJW1ls and agreeme~ contlined in this Security InstrUment, (b) there is a legal proceeding that might significantIy affect Lender's interest im. the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, ltar condemnation or forfeiture, for enforcement of a lien. which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Properly and rights under this Security Iostrument, including protecting and/or assessing the value of the Prop"rty, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in ,court; and (c) paying reasonable 'altomeys' fees to protect its interest in the Property and/or rights under IIbis Security Iostrnment, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, cbange locks, replace or board up doors and windows, draiIJ. water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Alfuough Lender may take action under this Section 9, Lender does not have to do so and is ilot under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or aU actions authorized under Ibis Section 9. G.S(PAlIOOO8) II> PaQe80f 18 0046896783 - 5697 Inlt/;d-:.Hr\12.. OS/20/~ Form3039 1/01 BK 1814PGO.046 . ., Any amounts disbursed by Lender under this Section 9 shall hecome additional debt of Borrower secured by this Security Instrument. These aIllOUlllB shall bear inb:rest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice trom Lender to Borrower requesting parm;;:ws Security Instrument is on a leasehold, Borrower shall comply wiJh all the provisions of the lease. If Boriower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger.in writing. 10. Mortgage Insurance. If Lender required Mortgage Insuranc" as a condition of making the Loan, Borrower shall pay the premiums required to mam..in the Mortgage IrlSUIllllCC in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurei: that previously provided I1UCh insurance and Borrower was required to nlllke separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain cov\lIage substantially equivalent to the Mortgage Insurance previowily in effec~ at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance lDl"iously in effec~ from an alternate mortgage insurer selected by Lender. If SIIbstantially equivalent IMlortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately de"g11afo'd payments lhat were due when the insurance cOVllIage ceased to be in efrect. Lendl,r will accept, use and retain these paymenls as a non-refundable loss reserve. in lieu of Mortgage :Insurance. Such loss reserve shall be DOlI-refundable, notwithstanding the fact that the Loan is ultimately plOO in fuI1, and Lender shalloot be required to pay Borrower any inb:rest or earnings on such loss reserve,. Lender can DO 10000er require loss reserve payments if Mortgage Insurance coverage (in the amount and .1Or the period that Lender requires) provided by an insurer selected by Lender again becoll1CS available, is obtlined, and Lender requires separately designated paym:nts toward the premiums for Mortgage lDs"Ilf3IlCC. If Lender required Mortgage IDSUrance as a condition of making the Loan and Borrower was req.lired to make separately designated payments toward the premi1i1DS for Mortgage .Insurance, Borrower slbal1 pay the premiwns required to .maintain Mortgage Insurance in effect, or to provide a DOn-retim:lab1e loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with aily written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity tjJat purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrow"r is not a party to the Mortgage Insurance. Mortgage insurets evaluate their total risk on all such insmance in. force from time to time, and may enter into agreements willi other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreemenlS may reqnlre the mortgage insurer to make paynlenlS using any source of fonds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Le~, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's paymeDl8 for Mortgage Insurauce, in exchange for sharing or modifying the mortgage insurer's risk, or noducing losses. If such agreement provides that an affiliate of Lender lakes a sbare of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that ll:orrower has agreed to pay for Mortgage Insurance, or l\DY other terms of the Loan. Such agreetttE,nts will not increase the amount llorrower will owe for Mortgage Insurance, and.~ey will not enlitle Illorrower to any refund. _-6(PAl (0008' ... Page90f 16 ?",~~.~~7~ - 5697 OS/20/~Form3039 1/01 BKI81ijPGOOij7 < ,. (b) Any such agreements wII1 not affect the rights llorrowe.' has - if any - with respect to the Mortgage Insurance under the Homeowners ProtectIon Act of U'98 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tenninated automatically, and/or to receive a refund of any Mortgage Insurance premiulIIS that were unearned at the time of such c:aneeUatiou or tetmination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shan be paid ID Lender. If the Property is damaged, such Miscellaneous Proceeds shaI111C applied to restoration .or repair of the Property, if the restoration or repair is economically fe3Sl"le and Lender's security is not lessened. During such repair and restoration period, Lender shaI1 have the right ID hold such Miscellaneous Proceeds until Lender has ha<;l an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfilction, provided that such inspection shaI1 be undertaken prompdy. Lender may pay for the repairs and restoration in a siDgIe dismement or in a series of progre$ payments as the work is completed. Unless an agreement is made in writing or App1icable Law requires inrerest to be paid on such Miscellaneous Proceeds, Lender shaI1l1Ot be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Misce11aneous Proceeds $a1I be applied to the sums lrecured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such: Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shaI1 be applied to the sums seCIIIed by this Security Instrument, whether or not then due, with the exce8S, if any, p.aid to Borrower. In the event of a partial taking, destrw;tion. or loss in valne of the Property in wbich the fair market value of the Property immNliately before the pa!'liat taking, destruction, or loss in value is equal 10 or grearer than the amount of the sums secured by this Security Instlument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender o~Jerwise agree in writing, the sums secured by this Security Instrument shaI1 be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fUr market value of the Property immNl;ately before the partial taking, destruction, or loss in value. An)' balance shaI1 be paid to Borrower. In the event of a partial taldng, destruction, or loss in value of tho: Property in wbich the fair market valne of the Properly immediately before the partiallaldng, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, d,osttuction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Pr'Jceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers ID make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the dare the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to reslDration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Misce11aneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shalI be in defattlt if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeil\1re of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstare as provided in Section 19, by causiing the action or proceeding to be .G-6IPAllOO08, .. PlIQ'I!I100f16 0046896783 - 5697 Inkilill'.: t=:M. t2 05/2~ Forrn3039 1/01 BK 1814PG004.& " ~ ,.. dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Illstrwnent. The proceeds of any award or claim for damages that are attrlbutable to the impairmenf of Lender's interest in the Property are bereby assigued and shall be paid to Lender. All Miscella1leous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of ~rtization of the sums secured by this Security Instrument granted by Lender to Borrower or any Succ;essor in Interest of Borrower sballllllt operau, to release the liability of Borrower or any Successors in Interest of Borrower. Lender shallllOt be requimd to commence proceedings against any Successor in Interest of Borrower or to tefuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrunient by reasODL of any demand made by the original Borrower or any Succes&>rs in Interest of Borrower_ Any fotbearance lily Lender in exercising any right or remedy including, wiJlwut limitation, Lender's acceptlllCC of payllllmts from third persons, entities or Successors in Interest of Borrower or in amounts less than the .amount loon due, shall not be a waiver of or preclude the exeroise of any tight or remedy. 13. Joint and Several UabUlty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and Sloveral. However, any Borrower who co-signs this Security Instrwnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security 'J:nstroment only to mortgage, grant and convey the co-signer"s interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the swns secured by this Security InsIrwnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accollllWdations with regard to the terms of this Security Instrwnent or the Note withont the co~r's consent. - Subject to the provisions of Section 18, any Successor in Interest of Borrower who a&9UmeS Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's tights and bellCfits under this Security Instrwnent. Bllrrower shall not be released from Borrower's obligations and liability under this Security Instrument un!.t\SS Lender agrees to such release in writing. The covenants and agree.ments of this Security Instrument shall bind (except as provided in Section 20) and bCJJelit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for serv:ices perfotlllCd in conneclion with Borrower's default, for the purpose of protecting Lender's interes.t in the Property and tights under this Security Instrument, IlICluding, but not limited to, attorneys' fees, prol,erty iDSPection and valuation fees. In regard to any other fees, the absence of express audJOrity in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibilion on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Appllicable Law. If the Loan is subject to a law which sets maximum loan charges, a:nd that law is finally inteIjlreted so that. the interest or other loan charges collected or to be collected in conneclion wilh the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by 6le amount necessaIy to reduce the charge to the permitted limit; and (b) any sums already collected from E:orrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed UJlder the Note or by makiJJg a direct payment to Borro~r. lit a refund reduces principal, the reduclion will be treated as a partia1 prepayment wilhout any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceplance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connecllion with this Security Instnnnent ~ust be in writing. Any notice to Borrower in couneclion with this Securil)' Instrument shall be deemed to ~J:~.~~"[3 - 5697 P..."."6 05/201200~~Y~ Form3039 1101 . {~ G-6fPA) 10000} .. BK I 8 I It PG 0 0 4 9,' .- ~.- .- , l have been given to Borrower wilen mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower sl!:1Il constitute notice to all BoITOwers unless Applicable Law expressly requires o!berwise. The lI<itice address shall be the Properly Address unless Borrower has designated a substitute notice address by nonce to Lender. BOITOwer shall promptly notify LeDder of Borrower's cbange of address. If LeDder specifies a procedure for reporting Borrower's change of address, then BOITOwer l!hall only report a change of addross lbrough that specified procedure. There may be only one designated notice address uDder Ibis Security Inslrumenl at anyone lime. Any notice to Lender shall be given by delivering it or by malIing it by first class mail to LeDder's address stated herein unless Lender has designated another address by WInce to Borrower. My notice in connection with Ibis' Securlty I:nstrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by Ibis .Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy !be corresponding requirement under this Security Instrument. 16. Govemlng Law; Severability; Rules of ConslnJctlon. This Security Instrument shall be governed by federal law and the law of the jurisdiction in wbich: !be Property is located. All rights and obligations contained in Ibis Security I:nstrument arc su'Qject to. any requiremelllS and limitations of Applicable Law. Applicable Law mig\it explicitly or implicitly allow the parties to agree by contract or it might be silent, but such si!eIIce shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of Ibis Security Instrument or !be Note conflicts with Applicable Law, such conflict shall not affect other provisions of Ibis Security Instroment or !be Note which can be given effect without the conflicting provision. As used in Ibis Security Instrument: (a) words of the masculine gender shall n=n and include COll'CSponding neuter words or words of !be feminine gender; (b) words in the singular shall mean and inclnde !be plural and vice veIlla; and (c) the word "may" .gives sole.discretion witblIut any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of !be Note and of Ibis Security Instrument. 18. Transfer elf the Property or a Bene6cla1 Interest in Borrower. As used in Ibis Section 18, "Interest in !be Property" means any legal or beneficial interest in the ]'roperty, including, but not limited to, those beneficial interests tnwsferredin a bond for deed, contract for deed, installment sales contract or escrow agre~ment, the intent of which ls the transfer of tide by BOITOw"r at a foture date to a purchaser. If all or any part of the '!.'roperly or any Interest in the Property is sold or trnnsferred (or if Borrower is not a natural person and a beneficial interest in BOITOwer is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Ibis option shaII not be exercised by Lender if such exercise is prohibited by Applicable Law. If LeDder exercises Ibis option, Lender shall give Borrower notice of acceleration. The notice shall provide a penod of not less than 30 days from the date !be notice is given in accordance with Section 15 within which Borrower musl pay all sums secured by Ibis Security InstrUment. If Borrower falls to pay these sums prior to !be expiration of Ibis period, Lender may invoke any remedies permitted by Ibis Security Instroment without further notice or demand on BoITOwer. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have Ibe right to have enforcement of Ibis Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursoan,t to any power of sale contained in Ibis Security Instroment; (b) such other period as Applicable Law millbt specify for !be termination of BoITOwer's right to reinslale; or (c) enlry of a jlldg"'"1II enforcing Ibis Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under Ibis Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or G-6(PAl /OO<llI1 ., Pag.12 of lit onn 3039 1/01 BK 1814PGOOSQ. ~v " ~ . agreements; (c) pays all expenses incurred in enforcing this Security Imstmment, inelmlil1g, but not llii:Iiled to, reasonable attorneys' fees, property inspection ami valuation fees, and other fees incurred for the purpose of protecting Lender's inlerest in the Property and rights under this Secndty InstrumeDi; and (d) takes such action as Lender may reasonably require to assure that Lender's inlerest in the Property and rights under this Security InstrUment, and Borrower's obligation to PllY the sums secured by this Security Instrument, shall c~DIioue unchanged. Lender may require that Borrower pay such reinsfatement sums and expenses in oile or more of the following forms, as selecled by LeIder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, pro'rided any such check is drawn upon an institution whose deposits are insured by a federal agency, instnnnentallty or entity; or (<I) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instnunent ami obligations secured bereby shall remain folly e~tive as if no acceleration had occurred. Howe,ver, this right to reinstate shall not apply ,in tile case of acceleration under Section 18. 20. Sale of NO(e; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in !he Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might .result in a change in the entity (known as the "Loan Servicer" that collects Periodic Payments due under !he Note and this Security Instrument and performs other mortgage loan servicing'obligations under the Note, this Security Instrument, and A;pplicable Law. There also might be one or more changes of !he Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made ami any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, !he mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred.to.,. ,mccesoor Loan Servicer and are not assumed by the Note purchaser unless othe~ provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individna1litigaDt or the member of a class) that arises from the oll.er party's actions pursuant to this Security Instrument or that alleges that the other party has breached anl' provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has, notified the other party (with such notice given in compUance with the requiremenls of Section 15) of .such alleged br~ and afforded the other party bereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken; that time period will be deemed to he reasonable for purposes of this paragnlpIj.. The notice of acceleration and opportnnity to cure given to Borrower pursuant to SectiQn 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satislY the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or w.w:leS by Environmental Law and the foIlowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or forwMehyde, and radioactive materials; (b) "EnviroJ1llleDta1 Law" means federal laws and laws of Ihe jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Oeannp" includes any response action, remedial action, or removal action, as defined in Environmentall Law; and (<I) an "Environmental Condition" means a condition that can cause, coDlribute to, or odlerwise trigger an Environmental Oeamp. _~(PAI '0008' .. Page 130'18 0046896783 - 5697 Inl''''' I=lr\ fl.. OS/20~ Fonn 3039 1/01 BK 1814PG005' r , , , . ." Bonower shall not cauSe or permit the presence, use, disposal, stm:age, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor aDow anyone else to do, anything affectiJIg the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release ofa Hazardous SubsllU1ce, cteates a conditlon that adversely affects the value of the Property. The preceding two seo1ences shall nol apply to the presence, use, or storage on the PfOperty of small quantities of Hazardous Subsmnces that are generally recognized to be appropriale to normal resitll>~ti.1 uses and to maintenance of the Property (mc1uding, but not linited to, bazardous IUbstalU:es in conswner products). Borrower shall promptly give Lender written notice of (a) any ill~ation, claim, demand, lawsuit or other action by any governmental or regulatory ageocy or private l,arty Involving the Property and any Hazardous Subsla1lce or Environmental Law of which Borrower bas actual koowledge, (b) any Environmental COlIdition, including but not limited to, an., spilllng,leakiDg, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous SubstallCe which adversely affects the value of the Property. If Borrower learns, or is notified by any governmeutaI or regnIatory authority, or any private party, that any removal or other remediation of any Hazardous SubstallCe affectiJIg the Property is necessary, lbrrower sball promptly' take all necessary remedial actions in accordallCe with Environmental Law. Nothing hl:rein shall create any obligation on Lender for an Environmental Qeanup. NON-UNIFORM COVENANTS. BolTOwer and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borro'wer prior to acceleration following Borrower's breach of.lIDy covenant or agreement In this Security Instrwnent (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other thlnllll' (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that faDure to cure the d,,rault as specified may resnll In acceleration of the sums secured by this Security I1\strUmeIlt, foredosure by jndicial pr!lceedlng and sale of the Property. Lender shall f'ur!her Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the uon-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default .1 not cured as specified, Lender at Its option may require Immediate payment In full of all sums se(ured by this Security Instrument wltb.out further demand and may foreclose this Security fustnmllmt by judicial proceeding. Leader shall be entided to collect all expenses Incurred In pursuing the remedies provided in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security IllStIunlent, this Security lnBtrument and the eslate conveyed shall terminate and hecome void. After such DCcurrence, Lemler sball discharge and satisfy this Security Instrument. Borrower shall pay any recol1!ation costs. Lemler may charge Borrower a fee for releasing this Security lnBtrnment, but only if the fee, is paid to a dlil'd party for services rendered and the charging of the fee is permitled under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives ami releases any enor or defects in proceedings to enforce this Security lnBtrnment, and hereby waives the benefit of any present or future laws providing for slay of execution, extension of time, exemption 'from attacbment, levy and sale, and homestead exemption. . 25. Reinstatement Period. Borrower's lime' to relnsta1e provided. in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security lnBtruinent. 26. Purchase Money Mortgage. If any of the debt secured by ,Ibis Security lnBtrUment is lent to Borrower to acquire title to the Property, Ibis Security Instt:umcnt sballlle a purcbase money mortgage. 27. Interest Bate Afrer Judgment. Borrower agrees that the inrercsl rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be lII1e rate payable from time to lime under the Noll:. _-6{PA} (00081 Page 14 of 16 ~,~.~~~3 - 5697 06/20/200~7:~onn3039 /;~-L 1101 BK 1814PG0052 . , .' ., ,. ." ,,~ .iI!' . BY SIGNING BELOW, Borrower accepts and apees to the rerms aDd covenants conlained in IlIis Security IDstrument aDd in any Rider executed by Borrower and recorded with it. (Seal) -Borrower (Seal) -Borrower (Seal) ~BorrQWer ..-6(PA) 100081 .. 0046896783.5697 (Seal) -Borrower (Seal) -1lorrowcr . (.seal) -Borrower (Seal) -BotTOVler (Seal) -BotTOWer p...,..". OS/20/l!003 9:07:19 Fonn3039 1/01 OK J 814PG0053 .' " .. ~. , . , . ". ".. , , "" Certificate of Residence ~5qn I, /vt Her . , do hereby certify that the correct )~ ~~~~~ O~ntwa/'()3 '. COMMONWEALTH OF PENNSYLVANIA County 55: ~~ On this the Day ~D day of ~~ar aoe before me, the undersigned officer, personally appeared tr address of the w~hl named M agee is Witness my hamHhls ~D Day _'M\chaeJ \~. ~7 Qt1J- 7 known to me (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged that he/she/they executed the same for. the purposes herein contained. My Commission expires: L&J Tit IN WITNESS WHEREOF, I hereunto set my hand and official seal. IIIIIIIIIII~I BK 1814PGOOS4 I C ify this to be recorded In Cumberland County PA ~~... ~,....404''~6~.'',.d. : . , / /........c..-" ;~"';')" ..\ 05J20J20039:07:19AM " . \.. .. "*'.J ~ ~~. , .... Recorder 0 f Deeds 4QG..'UiPA{4Al2) Page 16cl16 -_. . ,';': , Date: 5/22/03 lime: 1:32:22 PM . , or~e~.Number: 000012047 ...... "Re: Mtclltel W. :Raffensberget: Frances M. RaffGDSberger 200 MILL STREET MOllNT HOLLY SPRINGS, Pi>. 11065 CU~IBERLAND County EXHIBIT 'AI ALL THAT CERTAIN real estate lying and being situate in South Middleton Township, Cumberland County, pennsylvania, bounded and limited as follows, to wit: ON the North by public road leading from Mount Holly :Springs to Boiling Springs, also known as Pennsylvania Legislative Route No. 21008; on the East by the lands now or formerly of Harry Crea.meri on. the South by lands now or formerly of Sid Roth, and on the West by lands now or formerly of Merrill P. Herr. HAVING thereon erected a 2-story frame dwelling house and other buildinqs, known as and numbered 200 Mill Street, Mt. Holly Springs, Pennsylvania 17065. Page: 6 of 6 BK 1814PGOOSS. Order Number 000012047 EXHIBIT Al . 'an No. 0046896783 - 5697 FixeD RATE NOTE THIS LOAN HAS A PREPAYMENT PENAL TV PROVISION. May 20, 2003 (OM_, Or.lnge ""'I 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065 IPtuf*lY'Addrus) CA I.....' i. BORROWER'SPROMlSETOPAY 10 return for a loan that I have receJved, I promise to pay U.S. $ 116,850.~0 ~hls amount Is caned 'pnncipal'), plus Interest, to the order of the Lender. The Lender Is Amerlquest Mortgage Company . 1 understand that the lender may transfer this Note. The lender or anyone who takeS this Note by transfer and who Js entiUed to receive payments underU1Js Note is called the ~Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the fu" amount of prlndpal has been paid. I will pay Interest at a yearly rate of 6.900 %. The interest rate required by this Section 2 is the rate I wlU pay before and after any defautt described in Section 6(B} of this Note. 3. PAYMENTS (A) Time and Place of Payments J will pay prfnclpal and Interest by making payments every month. I wID make my monthly payments on Ihe first day of each month beginnIng on July 1, 2003. J will make these payments every month un"' I have paid all of the princIpal and tnterest and any other charges described below that 1 may owe under this Note. My monthly payments willlbe applied to Interest before principal. If, on June 1, 2033, 1 stID owe amountS under this Note, J wlU pay those amounls in full on that date, which is called the "Maturity Date.' I wlJl make my monthly payments at: 505 City Parkway West. Suite 100, Orange, CA 92888 or at a different place If required by the Note Holder. (B) Amount of Monthly Payments My monthly payments will be In the amount of U.S. $789.58. 4. BORROWER'S RIGHT TO PREPAY 1 may repay this Note at any time as provided far In this paragraph. If the artgtoal prIncipal amount of this Joan is $50,000.00 or less, I may make a full or partial prepayment without paying any penalty. However, if the original principal amount 01 IhIs Note exceeds $50,000.00, and If wilhln \he first 3.00 year(s) after the execution of this Mortgage, I make full prepayment or, In cartaln cases a perUs' prepayment, and the total of such prepayments In any one (1) year exceeds' twenty percent (20%) of Ihe original pnncIpal amoun~ I wffi pay a prepayment charge In an amount equal to the payment of six (6) months advance Interest on the amount prepaid which Is In excess of twenty (20%) of the anginal plfnclpal amount. 5. LOAN CHARGES If a law, which applies to this loan and which sets cnaxlmum loan cI1'aI'1}e$, Is tinally Interpreted so that the Interest or other loan charges collected or to be collected In connection with this loan 6)(:ceed the permitted limits. then; (I) any such kran charged shall be reduced by the amount necessary to reduce the charge to the permitted Umit~ and (U) any sums already collected from me whIch exceeded pennitted limits will be refundlm to me, The Note Holder may cfloose to make this refund by redudng the principall owe under this Note or by makIng a direct payment to me. If a refund reduces principal, Ihe reduction wiD be treated as a pallial prepayment 8. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for OVerdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of flfteen calendar days after the date it is due, I wi<< pay a late charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and Interest. I wm pay this late charge promptly but only once on each late paymeC1l (B) Default If I do not pay the filII amount of each monthly payment on the date it is due, I w,111 be In default. (e) Notice of Default If I am in default, the Note Haidet may send me a written notice telling me that fl'l do not pay 'he overdue amount by a cartaln date. the Note Holdet may require me to pay ImmediatelY the full amount: of principal which has not been paId and ai, \he interastthat I owe on that amount. That date must be at,lE*lSt 30 da~'5 after the date on which the notice is delivered or mailed me. ~~ Inllia\S:~ 10'2 O~1:l:1)7:19AM 200-1PA.\RoH.tlliOO) --, I . -Loan No. 0046896783 - 5697 (D) No Waiver by Note Holder Even If. at a time when I am In defautt, the Note Holder does not require me to pay Immediately Ir1 full as described above, the Note Holder will still have the right to do 50 If I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay lmmedlately In full as described above, the Note Holder wiu have tlle right to. be paid back by me for slllts costs and expenses In enforctng this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me underthls Note wi" be g\ven by delivering It or by mailing II by flrst class mall to me at the Property Address above or at a different address jf I give the Note Holder a notice of my different address. Any notice that must be given to the NOt8 Holder under this Note will be given by mailing It by first dass mall to the Note Hok1er at the address stated In Section 3(A) above or at a dtfferent adclress If I am given a nottce of that dtfferent address. 8. OIlLIGA nONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fuUy and personaUy obligated to keep all of the promises made In this Note, including the promise to pay the full amount owed. Any person \Nho is a guarantor, surety or end9rser of thl, Note Is also obUgated to do these things. Any person whO takes over these obligatIOns, Including the obligations of a guarantor, surety, or endorser of this Note, is also obligated to keep ali of Ihe promises made In this Note. The Note Holder may enforce Its rights under tl1Is Note against each person Indlvldualill or against ali of us together. ThIs means that anyone of us may be required to pay all oftha amounts owed under this Note. 9. WAIVERS I and any other person who has obngatfons under this Note waive the righls of presentment and notice of dishonor. ~Presentmant" means the right 10 require the Nole Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note Is a unlfonn instrument with limited variations In soma Jurisdictions. In addition to the protections given to the Note HakJer under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as thiS Note, protects the Note Holder from possible losses whlch might result If I do not keep promises that I make In this Nate. That Security Instrument describes how and under wmlt conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of thOSE! conditions are described as follows: Transfer oftha Property or a Beneficial Interest In Borrower. If all or alllY part ofthe ProPerty or any tnt~st. ~n it Is sold or transferred (or if a beneficial interest In Borrower Is sold or transfenred and Borrower Is not a natural person) without lender's prior written consent, Lender may at lis option, require immEdiate payment in full of all sums secured by this Security Instrument. However, this option shan not be exerciSed by Lender If prohibited by federal law as of the date of this Security Instrument. If the Lender exerclses this option, Lender shan give Borrower notice of acceleration. The notice 'Shall provide a period of not less than 30 days from the date the notice is delivered or maUed within which Borrower must pay all sums secured by this Security Instrument If Borrower faPs to pay these sums prior to the expiratiOn of this period, Lender m'3j ~n\l~e any remedies permitted by this SecurIty Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED 8~;;'-~~If';;";'~8ERGER (Seal) SSN: 091.SB-6343 (Seal) (Seal) Borrower: SSN: """"'-". SSN: I~ 2of, 0512012003 9:07:19 AM 2<lO-lPA(RoV.1010:lJ ! , iff;,1lto , /-" ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Ameriquest Mortgage Company hereinafter" Assignorn the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in haud paid by Deutsche Bank National Trust Company as trustee of Ameriquest Mortgage Securities Ine. asset- backed Pass Through Certificates Series 2003.0 under the pooling and servicing agreement dated as of May 1,2003, tt Assignee" at the time of execution hereof, sell, assign, transfer ,and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its succ:essors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Michael W. RaCCensberger and Franees M. Raffensberger to Ameriquest Mortgage Company, bearing the date OS/20/03, in the amount of$116,850.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on OS/29/03 in the County of Cnmberland, Commonwealth of Pennsylvania, in Mortgage Book 1814 Page 39, . Being Known as Premises: 200 Mill St., Mount Holly Springs, P A 17065 Parcel No: 40-31-2185-034 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its snccessors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to th,~ equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns th"rein. TN WITNESS WHEREOF, the said "Assignor~ caused its Corporate Seal to be herein affi d and these presents to be duly executed by its proper officers this B- day of _October , 2004 . By: Sealedaud Delivered in the presence of us; Je~~i v1s ,V-ice. Attest: ~\: Dawn L. Reynolds, President State of California ss. County of Orange On this {1,11:- day of _October~, 2004-, before me, the subscriber, person:i!J ap@ared Jeff Rivas, Vice President, who acknowledged to be the Vice President of Ameriques"ti\fo~'i'*F;r!J Company, and that , as such Vice President being authorized to do so, executed the foregoing instrJiii~mt m che C> pnrpos"s therein contained. = ~ ~ ~ TN WITNESS WHEREOF, I bereunto set my hand and 0 c..:> ;: ~ ::; o:::t'l :0 ;:"')ON ~,.,- '--"' rn " 0"" \i,..- . Jfl rrl ~ ,;U ~...._-------- '@ R. P. UMAlI - Commission # 1453282 ~ -. Notary Public - California ~ Los Angeles County . My C'..orrm. Expjres Dee 23. 2007 otary Public :n ::3 ~ I--' Stamp'Seal: N .0) The precise address of the within named Assignee is: 505 S. Main St. Ora 928 By: After recording return to: FEDERMAN & PHELAN, L.L.P One Penn Center 1617 J.F.K. Blvd., Ste.1400 Philadelphia, PA 19103-1814 10/.15/04 - Document Request 0046896783 BOOK 713 PACf2428 EXHIBIT B 04/19/2005 13:04 FAX 2155634491 -"".--,...-..- -. -"- FEDERMAN AND. PHElJ,N I4i 002 PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATEOF (!{Jj.dV(VL~ COUNTYOF Or~ ) ) ss. ~lf'Ctytl. L. ~ /tQ, being duly sworn acc:ording to law cdeposes and says: 1. I am employed in the capacity ofl1(€db~llL~ ~~-l at AMC Mortgage Services F/KJA Ameriquest Mortgage Company, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the ao~ount that fOrmS the basis ofthe instant foreclosure action lIIId am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due June: 1, 2004 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage are as follows: Principal Balance Interest May 1, 2004 through October II, 2004 (per Diem $21.88) Attorney's Fees Cumulative Late Charges May 20, 2003 to October 11, 2004 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $115,743.95 $3,588.32 $1,250.00 $92.35 $550.00 $121,224.62 $0.00 1QJlQ $121,224.62 7. Mortgagors bave failed to reinstate the account or offer any reasonable solution to C\ll"e the arrears on the past due mortgage payments. 8. Plaintiffprovided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. -.........-( .......------.- 'li.~~J.r r;"t., "~"I.i, <j..", " .to.- t ' ... ~ .;;.. l><~.,t<- . '''''~ ':'. i' ~~.;" ' ""1<. "t .. "~1iO~ftJ~{ ~ J ... ~ o:,"w "- IQh(,~!~~~~"':.r>.;:.:\; _ _ . ~----- EXHIBIT C FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK. NATIONAL TRUST COMPANY. AS TRUSTEE, OF AMERIQUESI' MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CY-l-S/2.'j CUMBERLAND COUNTY Plaintiff v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 Defendants CIVIL ACTION - LA W COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend agail!'i!: following pages, you must take action within twenty (20) days aMI' QBij~ht-e served, by entering a written appearance personally or by attorney 'iJMi. tI tpe court your defenses or objections to the claims set forth against you." . ~ou fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or . relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER A I' ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW. THIS OFFICE CAN PROVIDE YOU WITIl INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIlA I' MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ffDg;RMJ~~ f~Nn Pf~R.;!A1', Lawyer Referral Service "\ Otn:O~!l1[;;: i' 7~i~;UP~ Cumberland County Bar Ass~~~efSlt i ' "\ 1P~]JiJlii(i~JIEH i!,Il1l\!i 32 Soutb Bedford Stre';I"!,,,'] i . ~y ~~m]f ~!hJ~ Carlisle, PA 17013"',Ii"! iJ.e 11 tnJtlijJ 1:lIiUJ<<J1 (800)990-9108' COp'! of tlhlEi ?2f,W' . .~:ki)O(d ". ~ ',' f~",') File #; 100408 C;ui.LI8z "" co> = ....- a C') -< o -n -J :L\l n1F -um -,-,0 6.1 :':1:::1~~ ~~~ -~"~ p. ::lJ -< N 92 w co FiJe#: 100408 IF THIS IS THE FIRST NOTICE THAT YOU IlIA VE RECEIVED FROM THIS OFFICE, BE ADVIS:ED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et s:eq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOJI?; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLI~CT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO RJ8:QUEST WILL BE MADE TO THE COURT FOIl: A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU RE:QUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEB,T UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. t: Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INe., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1,2003 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defenffimt(s) are: MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/2012003 mortgagor(s) made, executed and delive:red a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1814, Page: 39. PLAINTIFF is now the legal owne:r of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2004 and each month thereafter are due and unpaid, and by the tenns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 100408 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2004 through 10/11/2004 (Per Diem $22.18) Attorney's Fees Cumulative Late Charges 05120/2003 to 10/1112004 Cost of Suit and Title Search Subtotal $115,743.95 3,637.52 1,250.00 92.35 $ 550.00 $ 121,273.82 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 121,273.82 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 ofl974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the PelUlSylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAlNTIFF demands an in rem Judgment against the Oefendant(s) in the sum of $ 121,273.82, together with interest from 10/1112004 at the rate of $22.1 8 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED AN AND PHELAN, LLP I / I ~_____. ~<S.~. By:. IS/Francis S. Hallinan F FEDERMAN. !ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FiJe #: 100408 ALL THAT CERTAI"H r-eal estate. lyi.ng 2:nd bei.ng s.i.tuate .in South M~ddleton Township, Cumberland County~ ~ennsylvanial bounded and lim~t~d as tol1ows1 to ~.i.t: ON the North by ~Ubl1c road l~ad~ng from Hount Holly Spr~ngs to BQ~ling Spr~nas, also known as Pennsylvania Legi~lative Route No. 21008; on th~ East by the lands now o~ formerly of Harry Creamer; on the Sou~h by lands nou or formerly af Sid Roth. and on the West by land~ nou or rOPmerly at Merr111 P. Herr. CONTAXNXNG one acrel more or less. . HAVING thereon er@cted a 2-story frame d#elling bouse and other buildi.u93... known as and numbec-ied. 20t) Mi.ll street;.. Mt. Hotly Spr1ngsl pennsylvani.a 17065. BEIl'tG the Same .premi.:;es wh:i.ch Ruth 1... Barbour ~ by her deed dated octQb~r 6.. 1.~96 and. recorded. on octobeC 7, 1.~96 i.n 169 granted and con~eyed CdMber1-and -eount;y Deed. E.ook ~47 at. Pa.'lI~ . Ronald Le~ Bat:bour to Karlin Leroy 8arbour~ Saundra Kay M111e~.. and Ga~Y steven Barbour.. Grantors herein. hi. i 9 of this deed to The respective spouses join~n t.e s ~~ nt real ~roperty convey all r-i9ht. til:;!e and interest ~n $.U JICC acquired through m~rr~~ge. AND the aa.:id Grantor$ herebY covenant a,nd agree th:;.t they wi 11 waJ:"rant specially the: propert.y hSJ:'eby Co&,\ve,ye: . d ~ s have hereun~o set ~heir . Xl'I VX.TflESS WDJaUtOP. sai Gran.o.rt above- wri.tte~. \hands and seals the day and year f1rs PROPERTY BEING: 200 MILL STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed fi)r the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and corn~ct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made su~ject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. vr~~7~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Iry;~ EXHIBIT D~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED : CIVIL DIVISION PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2003 505 SOUTH MAIN STREET, SUITE 100: ORANGE, CA 92868 . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-51a4 CIVIL TERM Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 ii i Defendants 1 :1 " " !i ANSWER AND NOW, comes the Defendant, Michael W. Raffensberger, by his attorneys :i " O'Brien, Baric and Scherer, and responds as follows: 1. Admitted. :i , Ii , 2. Michael W. Raffensberger resides at 200 Mill Street, Mount Holly Springs, :1 Pennsylvania 17065. Frances M. Raffensberger no longer resides at the Mount Holly " !I Ii Ii Springs property. ~. I " Ii :1 3. Defendant is unaware if the Plaintiff is a valid Assignee of the mortgage and proof of the same is requested at the time of trial. 4. Admitted. ", C:;-J C) z.:g -n ;:::1 ~-n 0:) rnf= -r)fTl :i:'9 a ~:~ S~) ..~- 'I :r~- '-'J'~ -~. ~j:~ fl~ c::> ;--_.,1 ~..... _.oJ (.;.) ~< n c:: .' I' : 5. Defendant believes that he has made a p:ayment subsequent to June 1, 2004. 6. Defendant demands strict proof of the amounts claimed as due on the mortgage. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendant requests a hearing on the Plaintiffs Complaint in Mortgage Foreclosure. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~ k1)~~A/JW-- Robert L O'Brien, Esquire Attorney for Plaintiffs 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Defendant, Michael W. Raffensberger rlo.dirlbankruptcylraffensbergerlanswer to mortgage foreclosure !I VERIFICATION I verify that the statements made in the foregoing Answer are true and ii correct to the best of my knowledge, information and belief. I understand that false " " Ii :: statements herein are made subject to the penalties of 118 Pa. C.S. 94904, relating to I Ii I unsworn falsification to authorities. " I 'I II II ; I ,I :i I :I ,I " :i /1 , " ,i " Ii :; '1 II Dated: II II 'I !! 'I ,I " I' ii " Ii " I, il ii I ,I Ii II Ii II II 'I I i I I I z/q / 0 ~ I , EXHIBIT E Ameriquest Mortgage Company P.O. Box 11000 SauIa AlIa, CA 92711-1000 August 03, 2004 MICHAEL W RAFFENSBERGER FRANCES M RAFFENSBERGER 200 MILL ST MOUNT HOLLY SPRINGS, PA 17065-1717 ,oj""'" 1..,11I...11I....11...1.1....111.,,1,..11I...11I,..11....1,1.1 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STA TEMJ:NTS OF POLICY Loan Number: Property Address: Origiual Lender: Cum:u1 Lender/Servicer: 0046896783 200 MILL STREET, MOUNT HOLLY SPRINGS PA, 17065 Ameriquest Mortgage CompllllY Ameriquest Mortgage CompllllY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFElUlED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED )lOR TBA T PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCBAIlGI: IN BANKRUPTCY, THIS COlUlESPONDENCE IS NOT AND SHOULD NOT BE CONSTIlUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT 0)1 A LII:N AGAINST PROPERTY. Tlli. is u ofrldal aolioe that the mort....e oa .OIlr Ilo..e is ia delalt. antll tile leader iatea.ds to foreelo... S....ifk iaf_alloa .......1 the ...Iure of tbe delault i. provided la the .rt....ed D.""" Tile HOMEOWNER'S MORTGAGE ASSISTANCE PROGllAM /BEMAP) m.. be .ble to belD to .... .""r bome. TIlls Noti.., esolaia. ....... the pro.ram ..orkt. To _If JU:MAP eu belD. YOIl ..uat MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS 0)1 THE DATE 0)1 THIS NOTICE. Take Ibi. Notiee ,with you ..hea YOIl meet ..lib the Cousella.. A.en"". T"e ...... .ddre.. ad phOlle .....ber of COlls_er Credit C""aoelia.. A.,..dea senia.. .""r Coum are listed at Ibe end of Ibis Nod... If YOIl h..e auY QDestlOlls. YOIl .... call Ibe Pe....lvui. H....ai... )liau.., Allen"" toll free at HIOO-34Z- :l397.lPenolls wltb imPaired hearia.. eu call (71 n 1lI11-1I169). TIlls Notice eoatai.. importao.lleaal IJlfonll.doll. JI yoo have any qll..tioa.. represeatativ.. .t tile C......er Credit COOlaseliaa A.....ey ...y be lIhIe to help esplaia it. You ....y .Iso ....t to eolltaet.a .ttol'llley ia. your .rea. T"e l...aI bar _i.tiou m.y be .ble to help yoo filld . I.wyer. LA NOTD'ICACION EN ADJUNTO Ell DE SUMA IMPORTANCIA, PlJES AFECTA SU DEUCHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONrENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTELLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING fINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO P"'~-1l' AlUlIBA. PUEDES SER ELEGmLE PAllA UN PJlI:STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDmA DEL DERECHO A REDIMIR SU HlPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELlGmLE l70R J'lNANCIAL ,lSSISTANCE WmCH CAN SA VI: YOUR HOME ROM FOIlJ:CLOSURE AND HELP YOU MAKE FUTURE MORTGAGE lPAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNE.R'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELlGmU: l70R EMERGENCY MORTGAGE ASSISTANCE: z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCI:S BEYOND YOUR CONTROL, z IF YOU HA VI: A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND z IF YOU MEET OTHER ELlGmlLITY REQUIREMENTS ESTAlIlLISHED BY THE PENNSYLVANIA HOUSING J'lNANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, yoo are eotiitled to a temporary stay of foreclosure on yoar mortgage for thirty (30) days from the date of this Notice. Dnring dIlIt time you must arrange and attend a face-to-face meeting with one of the CODlumer credit counseling agencies Iillted at the end of this Notice. Tms MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DAlE. THE PART OF TIllS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' EJiPLAINS HOW TO BRING YOUR MORTGAGE UP TO DAlE. CONSUMER CREDIT COUNSELING AGENCIJ!:S -- If you meet with 0'10 of the consnmer credit counseling a~ncv listed at the end of this notice. the lender may NOT take action ""ains'l vou for thirtv (301 davs ailer the dale of this meetiD2. The names. addresses and tele1>hone numbeR of desit"'At'd ""n-mer c:redit counselin~ aaencies for the countv in which the Drooertv is located are set forth at the end of this Noti,,". II is only necessary 10 schedule one liIce-lo-face meeting. Advise yoor lender imw.d;...1v of your intentioDS. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is ill, a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If yon have tried and are unable to resolve this problem with the lender, you have the righl to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Progmm. To do so, you must fill 001, sign and file a completed Homeowner'. Emetgency Assistance Program Applicatioo with ODe of the designated consumer c:redit counseling agencies listed at the end of this Notice. Only coDlumer credit counseling ageo,cies have applications for the pragIam and they will assist you in submitting a complete applicatiou 10 the Pc:DDSylvania Housing Finance Agency. Your application MUST be filed or postmarb:d wilhin thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTI~R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR API'LlCA TION FOR MORTGAGE ASSISTANCE WILL BE DENU:D. AGENCY ACTION - Available funds for emergency mortgage assistance arc: very limited. They wiD be disbursed by the Agency nnder the eligibility criteria established by the Act. The PeDnsylyania Hoosing Finance Agency has sixty (60) days to make a decision after it receives your application. During thaJltime, no foreclosure proceedings will be pursued agaiust yoo if you have met the time requirements set forth aba"e. Y au will be ootified directly by the PellDlylvania Housing Fiuance Agency of its decision on your application. ~""I;;1"Z/NCrIT-O' August 03, 1004 Loan Number; 0046896183 NOTE:1Jl YOU AU CIDUlENTLY PltOn:CfED BY THE J'lLING 011 A PETmON IN BANKJllJPTCY. THE 1I0LLOWING PAllT 011 THIS NOTICE IS I10lt INJIORMA TION PUIlPOSES ONLY AND SHOULD NOT BE CONsmERED AS AN ATTEMPT TO COLLECT THE DEBT. (If )'011 1I...e filed bankruptc)')'... ean stili .ppl)' Cor Eme......e)' MO"I.ge AtsIstanee.) HOW TO CURE YOW MORTGAGE DEJlAUL T (Brid2lt aD to date). NATURE OF THE DEPAUL T -The MORTGAGE debt bytbe above leDde" OD yonr property Iocted at: at100 MlLL STREET, MOUNT HOLLY SPRINGS, PA 1106S IS SERIOUSLY IN DEPAUL T beca....: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS fOJ the following months and the foRowiDg __ are BOW past due: 0610 I/O. tImr 08/01104 at $169.58 per month Mouthly PaymeDtS plus late cbarge 0[ other fees: $1701.17 Tot.1 AnuJu.D.t to Csre Defalt: 51701.17 B. YOU HAVE IlAILED TO TAKE THE JlOILOWING ACTION (D" aot ale iC ROt aJlDlk:altle): NIA HOW TO cun THE DEIIAULT --YOII may core the defanlt within THiRTY (30) DAYS oflb.edate of this notice BY "PAYING THE TOTAL AMOUNT "PAST DUE TO THE LENl~ER, WHICH IS $1701.17 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PavmeDts must be made either by c:asIJ. eashi.,.'s cheek. certiliod cheek. or mODCY order made .....ab1e and seot to: Amerique" Mortgage ComJlllDY 505 City Parkway West, Suite (Hoo Orang", CA 91868-1911 You can cure lIIIY other default by taking the followiDgaetion within THIRTY (30) DAYS oflb.e cIaIe oflhis1etter: {Do Dot ..... if Dot aoo1ic:al>le.1 N/ A IJI YOU DO NOT cun THE DEIIAULT-Ifyoa do not cure thedefSDlt within THIRTY (30) DAYS ofthe date of Ihis Notlee, tile leader lateJ"" to exerdte it, rints to acedeJ'llte tile mort2ARe debt. This meaDS that the eutire outstanding balance of this debt will be cOBlidered due immediately and YOl1 may lose the ebance to pay the mortpge in moDthly installments. If full payment of the total amount past due is DOl made within THIRTY (30) DAYS, the lender also intends to iDStruet its altorneys to start legal actiOD to Coreelooe apoD. your mol'tl!.2ed Pnlpertv. IJI THE MORTGAGE IS roUCLOSED lJPON - TIle mortgaged propeJt;r will be sold by the Sheriff to payoff the morf8a8e debt. If the lender refers yonr ...... to its attorneys, but you cure d,e delinqaeucy before the leuder begins legal proceedings against yOl1, you will still be tequired to pay the reasolJable attorney'. fee. tbst were aetoally incurred, ap to $SO .00. Howev\\r, iflegal pr~;..gs an: SlarIed against yOl1, you wiR ha..e to pay aD reasonable attorney's fees actually inamed by theleuder even if they exceed UO.OO. Any altomey'. Cees will be added to the 8JIIOUIlt you owe the lender, wbich may also include other reasonal,le eosts. If you ure tile deCault w1t111a the THlR.TY (3D) DAY period. y.... wID not be "",lilted to P.y .ttorney', C..... OTHER LENDER IlEMEDIJ:S - TIle lender may also sue you personally fOJ' the unpaid principal balance snd aU other sums due UDder the mortgage. RIGHT TO CUU THE DEIIAUL T PRIOlt TO SBEIlIJII1'S SALE -Ify... have aot cured Ib.e default within the THIRTY (30) DAY period and foJeclosure proceeding. ha..e begun, JQ!UtiII ha..e the rigbt to cure the default and preveDt the sale at any time up to one honrbefore Ib.e Sheriff'. Sale. You IIIIlIY do so by payiujp; the total amount then past due, plus any lale or otb.er charges then due, reasonable attomey'. fee. ,IUd eo.ts eoDUeCted with the foreclosure sale and any otb.er costs eouueeted with the Sheriff'. Sale as sPecified in wririnr by the lender snd by 'AAl';~~"<n peIfonninr &By other reauiremfmta. 1I1Idl!l' the mnrtgllgt! Caria,YHr dei_Lit ill tile dlaIl&er let forth ill tIdJ Bod... wlII reotore y..... ..ortpae to tile ....e pooItioa u lIy.. ...d Bner defaulted. EARLIEST POSSmLE SJo:lUFF'S SALE DATE - It is eslilll8lcd tballhc earliest date tbaI such a ShcriJJ's Sale oCtile moltgaged propct\y could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the a<:taaI date of the Shcrift's Sale wiD be sent 10 yon before the .,lIe. Of conrse, the amount nceclcd 10 cure the cIcfau1l will increase the longer you wail. Yon ....y fiDd onl at any time cxaclIy what the required paymcnl or action will be by conlacling the lender. HOW TO CONTACT TJo: LENDER: Ameriqacot Morta... C_pany PO Box 11000 Or..... CA 92711-10110 ....oae NnDlbc:r 800-430-5262 Fax Number 714-347-5037 EFFl:CT OF SJo:lUFF'S SALE - Yo8 should realize that a ShcrifI's Sale will eDd your ownership of the moltgaged property and your right 10 occupy it. lfy08 continue 10 live in the property after the Shcrift's Sale, a lawsuit 10 remove Yo8 and yoar furnishings aod other belongings could be S1lulcd by the lender at any time. ASSUMPTION OF MORTGAGE -- Yon _ m.y or -X- m.y aot (CHECK ONE) seD or trlIllsfcr your home 10 a buyer or transferee who wiD assume the mortgage debt, provided that all the o.....,.nd;ng paymcD\s, charges and attorney's fees and costs arc paid prior to or at the sale aod tbaI the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TJo: BIGHT: 2 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. 2 TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 2 TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE mrs RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 2 TO ASSERT THE NONEXISTENCE OF A DEPAUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, 2 TO ASSERT ANY OTHER DEFENSE YOU BELmVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 2 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMJ:R CUDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very TrulyYoars, Ameriqu... Mortgage Company Co: Ameriquest Mortgage Company Atln: Collections Department Loan Number: 0046896783 Mailed hy 1st Class Mail ..d by Certif"ted Mail _,...DlNa>I"1l3 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PAl 7102 (711) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 AQP'OoI\.II<<:~J&-~l Financial Counseling Services of Franklin 3 1 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA c,f Carlisle 301 G Street Carlisle, ]> A 17013 (717) 243:-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PAl 7325 (717) 334-1518 FAX (717) 334-8326 P.O. B... 11_ s.... All.. CA 92711-1011 II~ 11111111111 ,~ AMERIQ.UEST ~~MORTGAGE COM,"'NY 71~2 b3!9 30bO 0421 9171 August 03, 2004 MICHAEL W RAFFENSBERGER FRANCES M RAFFENSBERGER 200 MILL ST MOUNT HOLLY SPRINGS, PA 17065 \"Iftl'll: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STA TEMJ:NTS OF POLICY Loan Number: Property Address: Origioal Leader: Current Lender/Servicel: 0046896783 200 MILL STREET, MOUNT HOLLY SPRINGS P A, 17065 Ameriquest Mortgage Company Ameriques! Mortgage Company THIS FDlM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'ITEMPT TO COLLECT THE INDEBTEDNESS BRUED TO BEllEIN AND ANY INFORMATION OBTAINED FROM YOU WILL liE USED FOR THAT PURPOSE. IF YOU HA Vi: PBVIOUSL Y BCEIVJ:D A DISCHARGE IN BANKRUPTCY, THIS COUESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. TIlis I. aa. oIf"leill aode. tIllt tlo. mort.."" on your lI_e i. /a detalt. &ad tlte IeIlder /aads to (oreclose. Soeeif'", la(_atiea. .bout tile natare of IlIe default I. Drovided in lite _,"'ed Dalles. TIle BOMJ:OWNEIl'S MOIlTGAGE ASSISTANCE PROGJlAM IBEMAJ'l m.v be .ble to IIe1p to oave your 11_0. 1111. Notice emlaia.1aow tile Pl'OIIram works. To lee I( HEMAl eaa. ltelP. YOU ..ust MEET WITH A CONSUMER CB))lT COUNSELING AGENCY WITHlN 30 DAYS OF THE DATE OF THIS NOTICE. Take thi. NotIce.vit1I YOU wll... 'ou meet wltll tile COlUlIeIlall All....,.,. TIle name. .dd"",. aa.d Dlloae amber o( Consumer Credit COUIIselinll A..",des .ervia.. your Ceuatv ore listed .t tIle...d of I1ris Notice. If 'ou Ioave auv Questioa., YOU .......11 tile ll'elllllJlvaa.i. Housi... Finaa.ee Afta.v toll(_ .11-800-342-2-"7./P......... with impaired heariaa.... eal' (717) 780-18(;9). TIlis Notke eoatalllllmportut lepl iaro....lion. If you It.... ...y questlo.II, represe.latives .t the Consumer Credit C....aseliaa A.....y...y be able to help e-.piaia It. You ...y .Iso WHLt to eolltut.u attomey/a your area. Tile local b.r _Iati.. ...y be .ble to help you fi.d . I.wyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMI'ORTANCIA, PUES AFECTA SU DEnCHO A CONTINUAR VIVIENDO EN SU CAS.\. SI NO COMPnNDE EL CON1:ENIDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION UlMJ:DlTAMJ:NTE UAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL N1llMERO MENCIONADO _1_fM:~hHI$ AIUIlJIA. P1lJ:DES SER ELEGIBLE PAllA UN PRESTAMO POR EI_ PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PR(JIGRAM" EL CUAL PUEDE SALV All SU CASA DE LA PEIlDWA DEL DERECHO A REDIMIIl SU H1POTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ,~SSISTANCE WHICH CAN SA VI: YOUR HOME nOM FORI~CLOSURE AND HELP YOU MAKE nrrURE MORTGAGE IPAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWla:R'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELlGIBU: FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIIlCUMSTANCI:S BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE 1ro PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTAIIILISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPOIlAJlY STAY OF FORECLOSURE - UDder !he Act, you 8Je entiitled to a temporaty stay offoreclosute on your mortgage for tbirty (30) clays from the cIate of this Notioe. During that time you must anange and attend a raoe-to-face meeting with one of!he conaUlJlC( credit <lOUnseling agencies lillled at Ibe eDd of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO Nor APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TlUS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EJiPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with <me oflbe consumer credit counselinll _ncv listed at the end ofthisnotioe. Ibe lender IWI"f NOT take action ........,lvOll for tbirtv (30) days after the elate of Ibis mcetiJu!. The names. addrossea and telellhone nlllDhen of desil!lla1ed c<,nsomer credit counselin~ """"cies for the countv in which the oroucrtv is located are set forth atlhe cod of this Noti.:e. It is only necesS&Jy to schedule one raoe-to-face meeting. Advise your lender immediatelv of yom inteotiona. APPLICATION FOR MORTGAGE ASSISTANCE - Yoor mortgage is 0,1 a default for the reasona set forth later in this Notice (see following pages for specific information aboot the II8Iure of your default.) If you have tried and are unable to resolve this problem wilb Ibe lender, YOll have Ibe right to apply for finaDcial assistance from the Homeowner's Emergency Mortgage Assistance Progmm. To do so, you must lil1 oul, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated conaumer credit counseling agencies listed at the eDd of this Notice. Only conawner credit counseling agaJlcies have applications for the program and they will assist you in submitting a complclc application to the Pc:nosyIvania Housing Fiu8Dce Agency. Your applicatiou MUST be filed or postm8Jked within thirty (30) clays ofyoor face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIMJ: PERIODS SET FORm IN THIS LETTI~R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR API'LlCA TlON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mongage assistance am very limited. They will be diobursed by the Agency uDder the eligibility criteria established by the Act. The PenosyhaDia Housing FinaDce Agency has sixty (60) days to make a decision after it receives your application. During \haJ1 time, no foreclosure proceedings will be pursued against you if you have met the time rcquiremeots set forth abo.... You will be notified directly by the Pennsylvania Housing Finance Agency of its decisiou on your application. l'''''cnlNC'''.OI " August 03, 2004 Loan Number: 0046896783 NOTE: IF YOU ARJ: CUllllENTLY PROTECfED BY TJIII: JlILING all A PETITION IN BANKllUPTCY, THE JIOLLOWING PAllT Oil THIS NOTI,CE IS IIOR INJIOIlMATION PllU'OSES ONLY AND SHOULD NOT BE CONsmEDD AS AN ATTJ:MPT TO .COLLECT THE DEBT. (If y"" ltave filed bftkrapteyy_ eft otID .pply for Emel1l"'lC1 Mortsatle Asolstaaee.) HOW TO cmu: YOW MORTGAGE DD'AUL T (Bria.. it 8D to datel. NATURE OF TIlE DEF AUL T -The MORTGAGE debt by the aIlove lender on your property loc1ed at: at 200 MlLL STREET, MOUNT HOLLY SPRINGS, PA 17065 IS SERIOUSLY IN DEF AUL T beca1lSC: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS fo. the following moDths and the foUowing amOlUlls are DOW past due: 06I01/04lhru 08/01/04 at $769.58 per month Monthly Paymeuts plus late chaIge or other fees: $2702.17 Total Am....nt to Care Dor...1t: $1701.17 B. YOU BA VI: FAILED TO TAKE TJIII: FOLLOWING ACTION ~ aot 8" If aot auDlleablel: NIA HOW TO C1lllI: THE DJ:FAULT-You maYCUle the default within THIRTY (30) DAYS of the date of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUJ: TO TJIII: LENl~ER, WHICH IS $1701.17 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING TIlE THIRTY (30) DAY PERIOD. Pavments mwt be ....de either by cash. cashier's cbeck. QCrtified check or mOBey order made IJIIvable and sent to: Ameriques! Mortgage Company 50S City Porkway We... Suite *100 <h:anse, CA 92868-2912 You can cure any other default by taking the following actioD within THIRTY (30) DAYS of the date of this1etter: (Do D0I1ISC if nol allDlicable.l N/ A IF YOU DO NOT cmu: TJIII: DEIIAULT-If,ouclo llOteurethedefauh within THIRTY (30) DAYS oftbe date of this Notice, tile leader lutead, to exen:ile its ridltl to aceelerate tile mo<tBft debt. This JDelUII tIJat the eDlire outstandiag balance of this debt will be considered due imm""i"1ely and you may lose the chance to pay the mortgage in moothly iastallments. If full payment of the 10tal amollDl past clue is nol made within THIRTY (30) DAYS, the lender also intends to iIlStroct its attorneys to start legal aclion to foreelose UDoa ......r mortBaed DroaertY. IF THE MORTGAGE IS roDCLOSJ:D UPON - The mortgaged propell:r will be sold by dIe Sheriff to pay off the mortgage debt. If the lender lOfers your case to its 8Itomeys, but you cure tlte delillquency before the lender begin, legal proceediags against you, you will still be required to pay Ibe reasoloable 8Itomey's fees tIJat were aetually incurred, up to $SO.OO. However, if legal proceediDgs are started against,oo, ,ou wiD have to pay aU reasoDabIe attorney's fees actually incurred by the lender eveD if they exceed $50.00. Any attorney's fees will be added to the amount,ou owe the lender, which may also include other reasoDable costs. If you eore tile 1Ief...lt wltlllu the THIRTY (3D) DAY period. you wID aot be re"alred to pay altor..y', fee.. OTJIII:R LENDJ:R DMJ:DIES - The lellder may also sue you persoaaUy for the uopaid priDcipal balanQC aud aD other sums due UDder the mongage. RIGHT TO CUD THE DEFAULT PIlIOR TO SHERIJ'Ii"S SALE -If yo. have DOt cured the defauh within the THIRTY (30) DAY period and foreclosure proceecliags have begun. yJllL.Stil1 have the right to cure the ""fAult aud prevent the sale at anv lime up 10 0..., hour before the Sheri1l's Sale. You IDIIV do so by paying the 10tal amount then past due, plus anv late or other charges then due, reasoDabIe 8Itomey's fees aud costs coDDeCtcd with the foreclosure sale and 8llV other costs couected with the Sheri1l's Sale as specified in writiu, by the Iel1der aud by P...o.e~-tlZ perfnrm;ng IID.V other rcauiremCDIB DDder the mo~e. Carlag yo... dcf...1t ia tile _Der set forti! ia tIlit aod... ..01 restore your ..ortpge to the nme positioa .1 If you ...d Dever dcfaalted. EAJlLIJ:ST POSSIBLE SHE.RD'F'S SALE DATE - It il estillllllCd that:lhc earliell cIaIc that such a Sheriff'1 Sale of the mortgaged properly coald be helel would be approximaldy (6) MONTHS from lbe cIaIc of this Notice. A notice ofthc a<:tual cIaIc of the Shcrift'. Sale wiD be sent 10Yoo before the ..de. Ofconrse, the 8DIOuolaeedecl to care the clcfanlt will increase the longer yon wail. Yon may fiud onl at ""Y time cxactIy what the required payment or action will be by conlacling the lender. HOW TO CONTACT TIll!: LENDER: Ameri...eot Mortpte C_PUlY PO BOI 11000 Or..... CA '2711-1000 PIt...e NDmber 800-430-5262 lI'as N_ber 714-347-5037 EJ1Il'I:CT 011' SHERJ:l1Il"S SALE - You should realize that a Sheriff'. Sale willead yonr ownership of the mortgaged property aDd your right to occupy it. If yon continue 10 live in the property after the Sheriff'. Sale, a lawsuit 10 remove yon aDd your fumishings aDd other be10ngiDgs could be started by the lender at any time. ASSUMPTION 011' MORTGAGE - Yon _ ".y or ~ m.y Dot (CHECK ONE) seD or transfer your home 10 a buyer or transferee who wiD assume the mortgage debt, provided that all the OlJlafAnd;ng paymcllls. charge. and attorney'. fec. aDd costs arc paid prior to or at the &ale aDd that the other requ:ircments of the mortgage arc satisfied. YOU MAY ALSO HA VI: nu: 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 TIllS DEBT. % TO HAVE TIllS DEF AUL T CURED BY ANY TIllRD PARTY ACTING ON YOUR BEHALF. % TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANYCALENDAll YEAR.) " TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, % TO ASSERT ANY OTHER DEFENSE YOU BELffiVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. % TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMJ:R CREDIT COUNSELING AGENCIES SERVING YOIDII. COUNTY AlU!: ATTACHED Very Truly Y o,u., Amcriqncst Mortgage Company Co: Ameriqucst Mortgage Company Attn: CoI1cction. Department Loan Number; 0046896783 Mailed by 1st CI... Moll ..d by Certified MaD EP'll''''DINl::Jojl-q Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 "QI'I;loIIlfNC~""O' Financial Counseling Services of Franklin 3 1 West :3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle,I'A 17013 (717) 243-3818 FAX (71 1') 731-9589 Adams County Housing Authority 13 9-143 Carlisle St Gettysburg, PAl 7325 (717) 334..1518 FAX (717) 334-8326 II PHELAI~ ~ ~-jt~L;I~?~ 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: angela.davis@fedphe.com Angela Davis Litigation Department Representing Lenders in Pennsylvania & New Jersey* June 28, 2005 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 lilt t/Qp; Re: Deutsche Bank National Trust Company, As Trustee v. Michael W. Raffensberger and Frances M. Raffeusberger No. 04-5134 CIVIL Dear Sir: Enclosed please find a check in the amount of$9.00 and documentation to enter a Default Judgment against Frances M. Raffensberger only in the above-captioned matter. Kindly send me your receipt and a time-stamped copy of the Praecipe for Judgment in the enclosed self- addressed, stamped envelope provided. Should you have any questions, please do not hesitate to contact me. Thank you for your assistance in this matter. Very truly yours, By: Angela Davis Enclosures cc: Robert L. O'Brien, Esquire Frances M. Raffensberger :IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities,) CIVIL ACTION Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1,2003 Plaintiff ) NO. 04-5134 CIVIL vs. Defendants ) TYPE OF PLEADING: ) Notice of Judgment to Defendants ) Mortgage Foreclosure ) Code and Classification 140 Civil Action Michael W. Raffensberger Frances M. Raffensberger Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA LD. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Finn LD. #23-2301814 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 ) CIVIL ACTION - LAW ) NO. 04-5134 CIVIL Plaintiff vs. Michael W. Raffensberger Frances M. Raffensberger Defendants Notice of Entrv of Judement in Accordance with Pa. RC.P., Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Frances M. Raffensberger on By: __ DEPUTY If you have any questions concerning this matter, please contact: FRANCIS S. HALLINAN. ESOUIRE Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COillHY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and ) CNIL ACTION Servicing Agreement Dated as of May 1,2003 Plaintiff ) NO. 04-5134 CIVIL ) Defendants TYPE OF PLEADING: ) Praecipe For Judgment For ) Failure To Answer And Assessment Of Damages ) Mortgage Foreclosure ) vs. Michael W. Raffensberger Frances M. Raffensberger Code and Classification 40 Civil Action Filed on behalf of Plaintiff PREMISES: 200 Mill Street Mount Holly Springs, P A 17065 Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - P A LD. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA ]9103 Firm I.D. #23-2301814 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney jur Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION Michael W. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 : NO. 04-5134 CIVIL Frances M. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Franl~es M. Raffensbereer Defendant, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: DAMAGES TO BE ASSESSED AT A LATER DATE. I hereby certify that (I) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1A~ j~ - FRANCIS S. HAl.LINAN, ESQUIRE Attorney for Plaintiff DATE: ~ PRO PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 Suite 1400 One Penn Center at Suburban Station Philadelphia, P A 19103 (215) 563-7000 ATTORl\fEY FOR PLAINTIFF Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under The Pooling and Servicing Agreement Dated as of May 1, 2003 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Michael W. Raffensberger Frances M. Raffensberger : NO. 04-5134 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (c) that defendant Frances M. Raffensberger is over 18 years of age and resides at 200 Mill Street, Mount HoUy Springs, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~J~ FRANCIS S. HALLINAN, ESQUIRE : "PHELAN, HALLINAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 A TIORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 'i) 'i6~_7(\(\(\ DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS : CNIL DMSION THROUGH CERTIFICATES, SERIES 2003-6, UNDER WE POOLING AND SERVICING AGREEMENT : CUMBERLAND COUNTY DATED AS OF MAY 1,2003 Plaintiff : NO. 04-5134 CML Vs. FRANCES M. RAFFENSBERGER Defendants TO: FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNTHOLLYSPRINGS,PA 17065 DATE OF NOTICE: .nlNR 11;, 2005 WIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 CC: ROBERT L. O'BRIEN O'BRIEN BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Request for Military Status ,~ 10; Page lofl Department of Defense Manpower Data Center .. Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of2003 JUN-27-2005 08:49:30 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency RAFFENSBERGER FRANCES Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~Wd~U--~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Emollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed Iresults page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https:/ /www.dmdc.osd.mil/udpdri/owa/sscra.prc _Select 6/27/05 J , , -'-- . EXHIBIT G A~r-12-0~. 09:35am From-AMC Mort~ase Services Rancho Cucamon,a T-232 P 002/018 F-249 . " "' " S " ! ~ " ~ ~ ::: E E E , , , ~ . , , , E E ~ , ! ! ~ ~ n l! " E ~ ! ~ ! ~ i , L " ~ ! . l! . l! i e ~ , " E ;; " ij ~ ~ i ~ i " i . E ;. ~ ~ ;. < ~ i , i ~ ~ E " ~ ~ . . . . , . Jj . . , , , , , , , . . . , , , , , , , . . . , e , e e 'I- 5 f I ; I , ! , , , ~ . . ~ i :; ~ , j i C ~ "j n e [ i ; , , , , . , " . - I J , ~ ~ i T~ 1; C 0 ~~ j ~ I . ~ ~ 0 S ~ i j j . .. i , m e ~ Q - " " - 5 i ~ ! 11 ~ , j j n e t I i , ~I ~ . . . g ~ I i:, ~ . ~ ~ . , I . 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I . , , , , , , i ~ , , , , H , , , n I I ~ a I , I I I ~ i I I i I i i frl I I I i in . i ~ , , g g ~ , g 3 ~ ~ j ~ '~ , , , ii ii m S . E E I i . . m l . ~ ~ l ~ . ! . < l i i < , i < , I ' . . . , < l I I P , ~ , , , , , , ! ' i ~ , , , i i . i , , i I i m ~ ~ i ii ~ i i i i l l I . . . g . ffl ii , I I I i ~liI} =:.:"~.I: '::;1 ~'" .., ...:~i~ ,,~,,' ( I:;::~~)~t~ i:h', i;i~:~!ii~~~ ":'~"F~ :::.:(:i' ~, ;iH::) .:'1,:(,:'\ \~!i;\.;;:,'i .;;::;::1,];1; ::i.',!::;'i !::t~:;: I'.., i ~ o:! : : : ~: '::. J:::':II: ':'::"1"1; :'::i:l{, Ap~-J:-05~. 09:35am From-Aut Mort6a,e Services Rancho Cucamon,a T-Z3Z P,003/0IB F-Z4B f~ @ ~ @ l! I!. @ ~ ~ ~ I!. @ I . I .. ~ a ; < " ~ < j i ~ ~', j . . . . . ~ I I , ! , " l I ~.. . :, ! J I ! I I " I I ~ I t " ~ ~ ~'~ ~er~;g * ~ . " - " 'II 1".. ~ .... E I i ~ - - - ~ 'S ... is e ;l t: 0 0 t C e. ~ :: L1' ~ if '" . p . . . ~ ;., .... '" ~ ~ = llil if: . . I : . J ! I i I I I ~ . ~ ; i i I . i I J , , I I " , e I r ;1: i 1 i ~ , . ~ E ~ g g g . ~ " g f I . . . . . . f , 1 I L~ I," I ! , i I i 'i:i: J I r i I i ~ . I , ; i I i . . ; I . , . , f r E ~ ~ , I I ~ ,I z 1-- g .. ~ J I :l i ~ a ~ I i . ~ J . {;i: ! f M I ~ i ~ . ill i' g " ~ , ':1.", ~ ~ I . . ~ ~ , I ~ i g , i . :i!,' i ~ . I " ; I I " . < ~ I , I I I I . iI I f':"" i;:\~:! ~,'~:' ~i,;:i/ ;~~::::I.'~ ~"I_I/ 'A,'; \":1: 4:-';;:1"1:,1 ""1' :::0'1 W-::','r :,1.1'" :c\.'::",!' ';",f 1''':'::'1,1 '~;;i!~~\' \::';;,I:\i :!::;V;,.'!i'!i VRRIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~\~) J ine R. Davey, ESqUi1 Attorney for Plaintiff Date ,- ':':: > (} ~~;; '~.r :,.:\ -< ...., = c;;;;:J <J' <- c= .. ~ .... :L-Tl rnp .......,(T1 -f.l9 (~o ~:f~~~{ {:'-?~ ;~..? ~..:.-." \ , I '.:::~ :'1;1 .- ~ .->'+ r:-? c::> (..J PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 '1~ <;1i~-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 505 South Main Street, Suite 100 Orange, CA 92868 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County (") c.: s: : No. 04-5134 "Th" CP( Michael W. Raffensberger Frances M. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 Defendants ..--.....: i~[ ~-< ~':~- ~. ~~} ~ -~ C'FRTTFWATTON OF SF,RVTC'F, "" = = "" <- c:: r- ~ :t nl:D ",M-; :tJ~ o :::i ~. , , ~2?3 om s;j :;0 -< ." ::Jl; I),.l o w I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Praecipe for Argument, Proposed Order, Certification of Service and attached Exhibits were sent via first class mail to the persons on the date listed below: Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 Frances M. Raffensberger 200 Mill Street Mount Holly Springs, P A 17065 Date: '1~\ Q) Jelline . Davey, Esquire Attorney for Plaintiff PRAFCTPF FOR T.TSTTN(; rASF FOR AR(;lJMFNT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. _____~_w_______________~______________________________----___________________________.._____________________.--------- Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 : Court of Common Pleas : Civil Division Plaintiff vs. : Cumberland County Michael W. Raffensberger Frances M. Raffensberger Defendants : No. 04-5134 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Address: Robert Lieberman, Esquire 500 North 3'" Street, 12''' Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (b) for defendant: Address: Robert L. O'Brien, Esquire 19 West South Street Carlisle, P A 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 24, 2005 ~.I"~~ ~'Plaintiff Date: ,\ v\ 0:) (") c ~t~Sr -:"7").' ~::;~. i:- ' ~~~,~' ~t.~ ~ ~ ~ - - -v '> ~ ...... :J:-n ft'F" :s8 ,--)c.J 4-~t" --:::L..,.; O~) Zr'f1 0. .-~l -'::w t.~IJ :..:; ~ o (.iJ - DEUTSCHE BANK NATIONAL TRUST : IN THE COURT OF COMMON PLEAS OF COMPANY, AS TRUSTEE OF : CUMBERU\ND COUNTY, PENNSYLVANIA AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED : PASS THROUGH CERTIFICATES, SERIES 2003-6 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF MAY 1, 2003, PLAINTIFF V. MICHAEL W. RAFFENSBERGER AND : FRANCIS M. RAFFENSBERGER, DEFENDANTS 04-5134 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT AND NOW, this '2.5 day of August, 2005, the motion of plaintiff for summary judgment in foreclosure against defendant, Michael W. Raffensberger, IS GRANTED. Judgment is entered in the amount of $121 ,234.62 plus interest since October 11, 2004, at $21.88 per diem plus costs. By the C~ € ,./fenine R. Davey, Esquire For Plaintiff :sal ~obert L. O'Brien, Esquire For Defendants vi o ~; ~2,:2 f~. .<-., ~;.. S~: "/- ...., = = Gn o ""Tl -I ::r:" fl1r: -am ."9 ;~~,.r.i\ () ~'-l "1:"" ~~ :I>- e;: G') ", (J1 -u -',- ..,.',. r:-? 0' . Enclosures PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1, 2003 : CUMBERLAND COUNTY 505 SOUTH MAIN STREET, SUITE 100 : COURT OF COMMON PLEAS ORANGE, CA 92868 vs. : CIVIL DIVISION MICHAEL W. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 FRANCESM.RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 : NO. 04-5134 Civil PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against MICHAEL W. RAFFENSBERGER * ,,".crm FIlM'JCES M. RAFFE~r~BER~ER, Defendant(s) in accordance with the Court's Order dated 8/25/05 Assess Plaintiffs damages against MICHAEL W. RAFFENSBERGER AND FRANCES M RAFFENSBERGER as follows: As set forth in the Order Interest -10/11/04 TO 8/25/05 TOTAL $121,234.62 $6,979.72 $128,214.34 -~ \ ~:JLQ ~ ;h\\\~~, DANIEL G. SCHMIEG, SQUIRE " Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED.~ DATE: P OP t ~r c..,- -v V) r f(\ t. ~r ~ r--. r--.. ~ ~ ~f:::. j ~\ f DEUTSCHE BANK NATIONAL TRUST : IN THE COURT OF COMMON PLEAS OF COMPANY, AS TRUSTEE OF : CUMBERLAND COUNTY, PENNSYLVANIA AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED : PASS THROUGH CERTIFICATES, SERIES 2003-6 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF MAY 1, 2003, PLAINTIFF V. MICHAEL W. RAFFENSBERGER AND : FRANCIS M. RAFFENSBERGER, DEFENDANTS : 04-5134 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT AND NOW, this -z.5 day of August, 2005, the motion of plaintiff for summary judgment in foreclosure against defendant, Michael W. Raffensberger, IS GRANTED. Judgment is entered in the amount of $121,234.62 plus interest since October 11,2004, at $21.88 per diem plus costs. Jenine R. Davey, Esquire For Plaintiff Robert L. O'Brien, Esquire For Defendants :sal {, RECEIVED MAY 05201 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Deutsche Bank National Trust Company, As Trustee, of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 vs. CIVIL DNISION NO. 04-5134 Civil Term Michael W. Raffensberger Frances M. Raffensberger ~ORDER AND NOW, this .5 day of /VI 0- ,2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Frances M. Raffensberger, by: 1. First class mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Street, Mount Holly Springs, P A 17065; and 2. Certified mail to Frances M. Raffensberger at the mortgaged premises located at 200 Mill Stre~t, Mount Holly Springs, PA 17065} ~. i/ (~to'~L.~~t~t~ Jo . l'~~~r\ J. (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 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 505 SOUTH MAIN STREET, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant( s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: ,Q~ If you have any questions concerning this matter, please contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** . PHELAN, HALLINAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 'i) 'i61-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS : CIVIL DIVISION THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AND SERVICING AGREEMENT : CUMBERLAND COUNTY DATED AS OF MAY 1,2003 Plaintiff : NO. 04-5134 CIVIL Vs. FRANCES M. RAFFENSBERGER Defendants TO: FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 f\\.t ~j~?~ DATE OF NOTICE: .nJNR 16,2005 THIS FIRM IS A DEBT COLLECfOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMA TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CC: ROBERT L. O'BRIEN O'BRIEN BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST CUMBERLAND COUNTY MORTGAGE SECURITIES, INC., ASSET- COURT OF COMMON PLEAS BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS CIVIL DIVISION SERVICING AGREEMENT DATED AS OF MAY 1, 2003 NO. 04-5134 CIVIL 505 SOUTH MAIN STREET, SUITE 100 Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s). VERIFICATION OF NON-MIL IT ARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL W. RAFFENSBERGER is over 18 years of age and resides at, 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant FRANCES M. RAFFENSBERGER is over 18 years of age, and resides at, 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~/ --- --, '-, r r-... \ '\ r\"~ 1 \ ) '~/ \" D~NIEL G. SCHM tJ,;ESQUIRE Attorney for Plaintiff . l ~ (J -lQ.. l -(J 0 ~ -- ~ ~ () Vi .~:2 ~ () -V ,. C" .' -" .J j W 11 --c: ~ P- o..... ::r Q.f ~ ..f) ffl;;Q ~ -- I ~ !2 -J ---1 '. _.0., - .. ..- -- ::;:J -< CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (71 7) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1, 2003 No. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $121,234.62 Interest - 10/11/04 to 8/25/05 $6,979.72 Interest from 8/25/05 to DECEMBER 7, 2005 (per diem -$21.08) $2,192.32 and Costs TOTAL $130,406.66 Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. It'llt'l ',Q',Q 00 r-r- .... .... << ~~ 0000 ~~ ~~ ~~ rJlrJl ~~ ~~ ~;$ 00 oor.iir.iic Z == o~ <e:~Z 0 ~~ ~~ <.... zz rJl> ...;u~ .... <"J Z;:;l....>r'l ~ ;:J;:J ~~ < ",,~Q ;:J 00 ~rJl llo<~E=~~ ~~ u ~~ -d :goo"oo..... ~~ ~'E IU ~z O~~~... ~~ ~~ ~ Zz UCU O~ !;;<=C~ ~ := ~~ VJ CQ~ '" ~~ CCZ ~ Q ~~ IU ~u~~ 0000 O~ ..0 ~ r- ZZ ~ ~~ ~ ~~ O~ """" ~ .. 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"t t""'C) ~o:- ci-- - -=f ~ - ~ ~ rY. :\) \'6 0 rY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5134 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003, Plaintiff(s) From MICHAEL W. RAFFENSBERGER AND FRANCES M. RAFFENSBERGER (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) Ifproperty 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 $121,234.62 Interest 10/11/04 TO 8/25/05 - $6,979.72 $2,192.32 AND COSTS L.L. $.50 FROM 8/25/05 TO 12/7/05 (PER DIEM - $21.08)- Atty's Comm % Due Prothy $.50 Other Costs Atty Paid $145.18 Plaintiff Paid Date: SEPTEMBER 7, 2005 fl~~ (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ \ V, 6 ". (\ lM.~ D:)NlEL G. SCHMI , ESQUIRE Attorney for Plaintiff .---- ~- r--:'J ['""'" o:::::'? \..._/ <:;.::;:1 .,1. c.....4 S2 ~:3 I -J ::- - f "" DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCESM.RAFFENSBERGER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE. OF AMERIQUEST MORTGAGE SECURITIES. INC.. ASSET-BACKED PASS THROUGH CERTIFICATES. SERIES 2003-6. UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1. 2003, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .200 MILL STREET. MOUNT HOLLY SPRINGS. P A 17065 . 1. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL W. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . '1' 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PA. 38 MAIN STREET SHENANDOAH, P A 17976 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 ROBERT L. O'BRIEN 19 WEST SOUTH STREET CARLISLE, P A 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. <./--.,_..---...."'......~,.. r. JI~~.sc~~~~ Attorney for Plaintiff September 2. 2005 DATE ~~ (0 ~ ,__ej , -. ~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 CUMBERLAND COUNTY No. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s). September 2, 2005 TO: MICHAEL W. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * Your house (real estate) at, 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $128,214.34 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. DESCRIPTION ALL THAT CERTAIN real estate lying and being situate in South Middleton Township, Cumberland County. Pennsylvania, bounded and limited as follows, to wit: ON the North by public road leading (rom Mount Holly Springs to Boiling Springs, also known as Pennsylvanja Legislative Route No. 21008; on the East hy the lanes now or formerly of Harry Creamer; on the South by land:; now or formerly of Sid Roth and on the West by lands now or formerly of Merrill D. Her.r. CONTAINING one acre, more or Jess. HA VlNG thereon erected a 2-story frame dwelling house and other buildings. known as and numbered 200 Mill Street. Mt. Hony Springs, Pennsylvania 17065. Tax Parcel #40-31-2185-034 TITLE TO SAIl> PRl;MfSES IS VESTED m Michael W. Raffensberger and Frances M. Raffensbcrger, hushand and wife by Deed from Marlin Leroy Barbour and frances C. Barbour, husband and wife, et ai, dated 3/20/1998 and recorded 4/3/1998 in Deed Book 174 Page 963. Premises: 200 Mill Street, Mount Holly Spring, P A 17065 f-~I ("'::... I ......J ~ .r:- t') PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAThITIFF COURT OF COMMON PLEAS CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPNA Y, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, No.: 04-5134 CIVIL INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 vs. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MICHAEL W. RAFFENSBERGER and FRANCES M. RAFFENSBERGER on 9/19/05 at 200 MILL STREET, MOUNT HOLLY SPRINGS, P A 17065, and through publication in The Sentinel and the Cumberland Law J oumal , in accordance with the Order of Court dated 5/5/05 I further certify that. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. h rVlAe X. G,ESQUIRE DANIEL G. SC Date: September 29. 2005 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Advertising Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) ,;ieptember 15-, ZOOS COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-5134 CIVIL DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC" ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1. 2003 va, MICHAEL W. RAFFENSBERGER FRANCES M, RAFFENSBERGER NOTICE TO: MICHAEL W, RAFFENSBERGER, FRANCES M. RAFFENSBERGER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" ALL THAT following described lot of ground situate, lying and being in TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited 8S follows. to wit: ALL THAT CERTAIN real..tata lying and being situate In South Middleton Township, Cumberland County, PennsylVania. bounded and limited as follows, to wit: ON the North by public roed = Mount Holly Springs to Bolling Springs, allO known as Pennaytvanta . Route No. 21008; on the East by the lanes now or formerty of Heny '1; on ~ South by lands now or formerly of Sid Roth and on the We.t by landanow or fOrmerly of Merrill D. Herr. CONTAINING one acre, more or less. HAVING thereon erected a 2.story frame dwelling house and other buildings, known as and numbered 200 Mill Street, Mount Holly Springs, Pennsylvania 17065. Tax Parcel .40-31-2185-034 lIILE.IQSAlI2 PREMISES 1a~W. Michael W. Raffensberger and Frances M. Aaffensberger, husband and wife by Deed from Marlin Leroy Barbour and Frances C. Barbour, husband and wife, et aI. dated 3120/1998 and recorded 41311998 in Deed Book 174 Page 963. is scheduled to be sold at the Sheriff's Sale on DECEMBERL.2W25.I1~AJD.,., at the County Courthouse, S2u1b. t:!ADmW: SIru1.. CAdlIILeA to enforce the Court Judgement of 8/25105, oblelned by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC" ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003, (the mortgag..). against you. Property situated In the City of TOWNSHIP OF SOUTH MIDDLETON, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 200 Mill STREET, MOUNT HOLLY SPRINGS, PA 17065 Improvements consist of resIdential property. Sold.. the property of MICHAEL W. RAFFENSBERGER. FRANCES M. RAFFENSBERGER TERMS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. The ~ at the .... must take ten (10'%) percent down payment of the bid price orofthe ShMtfI'a QQI1, whichever 18 higher, at the time of the sate In the form of cash, money Ofdei' or bank check. The balance must b. paid within ten (1 0) days of the sate or the purd'\a8er wW.tose the down money. Dantel ~milla. Etqulre one Pen" Center at Suburban Statton 1617John F. Kennedy Boulevard Suite 1400 PhI_lphIB, PA 19103 (215) 583-7000 Attorney for Plaintiff Affiant further deposes that he! she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of 3;';~i~ Sworn to and subscribed before me this 21st day of September, 2-~)5. @lliiltu~f1 ) 'X WdCLc Notary P~ic My commission expires:q / f ItJ(f COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L, Wolle, Notary Public Cartisle Boro, CUmberland County My Commission Expires Sepl1, 2008 Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz ~ ./l.h /???..&., A .J .J. -J / ' 02t1tJS- Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. --- SWORN TO AND SUBSCRIBED before me this M day of ~ ef2~tiS- N01 AR\AL SE.AL LOIS E. SNYDER, NOla'y Public Carlisle BolO, Gumbe(laod Cour.ty My Commissior ExP'.r_es ~~~~ ~,- CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECWSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04-5134 Civil DEtITSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC,. ASSET. BACKED PASS THROUGH CERTIFICATES. SERIES 2003.6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1. 2003 vs, MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER NanCE TO: MICHAEL W. RAFFENS. BERGER, FRANCES M. RAF. FENS BERGER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL THAT following described lot of ground situate. lying and being in TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, County of CUMBER. LAND, Commonwealth of Penn sylva- nia. bounded and limited as follows. to wit: ALL THAT CERTAIN real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania. bounded and limited as follows. to wit: ON the North by public road leading from Mount Holly Springs to Boiling Springs. also known as Pennsylvania Legislative Route No. 21008; on the East by the lanes now or fonnerly of Harry Creamer; on the South by lands now or formerly of Sid Roth and on the West by lands now or formerly of Merr1ll D. Herr. CONTAINING one acre. more or less. HAVING thereon erected a 2-story frame dwelling house and other buUdings, known as and numbered 200 Mill Street, Mt. Holly Springs, Pennsylvania 17065. Tax Parcel #40-31-2185-034. TITLE TO SAID PREMISES IS VESTED IN Michael W. Raffensber- ger and Frances M. Raffensberger. husband and wife by Deed from Marlin Leroy Barbour and Frances C. Barbour. husband and wife et al., dated 3/20/1998 and recorded 4/3/1998 In Deed Book 174 Page 963. is scheduled to be sold at the Sher- Iffs Sale on DECEMBER 7, 2005 at 10:00 a.m., at the County Court- house, South Hanover Street, Car- lisle, PA to enforce the Court Judg- ment of 8/25/05. obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIQUEST MORTGAGE SECU. RITIES, INC.. ASSET. BACKED PASS THROUGH CERTIFICATES, SERIES 2003.6, UNDER THE POOLING AS SERVICING AGREE- MENT DATED AS OF MAY 1. 2003. (the mortgagee), against you. Prop. sit. in the City of TOWN- SHIP OF SOUTH MIDDLETON, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 200 MILL STREET. MOUNT HOLLY SPRINGS. PA 17065. Improvements consist of residen- tial property. Sold as the property of MICHAEL W, RAFFENSBERGER, FRANCES M. RAFFENSBERGER. TERMS OF SALE: 6 CUMBERLAND LAW JOURNAL THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. The purchaser at the sale must take ten (10%) percent down pay- ment of the bid price or of the Sheriffs cost. whichever is higher, at the time of the sale in the fonn of cash. money order or bank check. The balance must be paid within ten (lO) days of the sale or the pur- chaser will lose the down money. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563- 7000 Sept. 23 7 r-' c:? c_~.:.? e-'" c-> (.~') -' \ v:> q, ~-n f"nr -':J~ ~',) ,-'" "~}~O" ~- -: \ '~::: ~~~ '":;.:?\ 7,6 '.:<:. ~ :;lee l:? - 0) PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SrnTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAJNTIFF COURT OF COMMON PLEAS CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPNA Y, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1, 2003 CUMBERLAND COUNTY No.: 04-5134 CIVIL vs. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.c.P.. 404(2)1403 DANIEL SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by regular mail to ROBERT L O'BRIEN, Attorney of Record for Defendant(s), MICHAEL W. RAFFENSBERGER, at 19 WEST SOUTH STREET, CARLISE, PA 17013, CUMBERLAND on 9/06/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. Date: September 29, 2005 ~..; w, r:;:z r fo\ "'. <Pc ~ ~ w ~ ~ en ~ .. ~ V' ?;c} ~ ~ e. r-:-I() 'z ~~ ~ ~~ trt ';!l.~ r o~. ~ 8\0 ~~ ~ ~ fQ I6:J ~ ia :[~ ';g !~ ~ ~ 'J) 2 '$:() ~ S( i [ ~ i~~.~i i.n~zg~ ~1i 0: ~ Po V>i",q~ i\~.H Vl ... 0 ~. 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":r}. ,- -- r.;o - SALE DATE: DECEMBER 7, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W DEUTSCHE BANK NATIONAL TRUST COMPNA Y, AS TRUSTEE, OF AMERIQUEST No.: 04-5134 CIVIL MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 VS. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 200 MILL STREET, MOUNT HOLLY SPRINGS, P A 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~~~ November 3, 2005 ~ , CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPNA Y, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY I, 2003 No.: 04-5134 CIVIL vs. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES C. COSTOPOULOS 13 SOUTH HA VOVER STREET CARLISLE, P A 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 3, 2005 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCESM.RAFFENSBERGER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIOUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFlCATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1, 2003, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,200 MILL STREET, MOUNT HOLLY SPRINGS, P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL W. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PA. 38 MAIN STREET SHENANDOAH, PA 17976 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenanUOccupant 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 ROBERT L. O'BRIEN 19 WEST SOUTH STREET CARLISLE, PA 17013 I veritY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2. 2005 DATE / "d..; 0 .. z a'g - - - - - - r ... ",-" " z v. -I> v.> N - 0 '.0 00 -.l 0-, v, -I> "" N - ~. ","'-a ~~ '" .... '" 5~ = ~ ~ ~o g-1;Il= OJ' ~ 0 ~ .... "'- ~ ~ 0 0 n" . iD z c 3 0" CD ~ (J'ag.g~ 8~';i'rl1" 'VJ;1~3~ ~~o~p. Wi"gO ~ ~. g s.s ~ i..... 00-. '" o::l 0 IV ....,o;::l __ {A-'O 8"' g:::g g :;' ...... og "" q"oij 8.__8~ s-0.2 S tii' g.-g ~ ~~ ~ 'ti g """6 o 0""" p.~' ...."~gC. 8 _. n1 e: 0 1:"g~~ t.l""'<'>;::le. ~ -~~!ij ~ 8og~ ll'i'" :: ~.tr\ g. ~ii & ~ _. gl 5" ~f<~5 ,uH =-:zoo hgs ....-.,,:inl ~.~:;~< "'..." o 0 n n1 -o:;l'go.. g. trlll> a s] ~ ~ ~. ~ g" ~ ~ if". 0 ~~" il . ~ ~ ". 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Cl "" ~ ~ rp ~ ...; ~ CO .,. 0 b ~ ~ ,... 0 -' '" 0 l;l:J () '" ~ (fJ. ~ V> ~ IV "' ~ ~ V< .:--' \ () g ~ "' '!' \!?< '" OJ \" 00 ~ ]!::. ~ ~ ';>- ,... ~ -' >> "" ,... ,... -' V' .- "" V< ~ l;l:J ';:\ ...., \' o ~ :Q '" &3 .- -.0 ~ '" ~ \ ~ .:--' () ~ [fl. irl ~ ';>- '"(l.-~'"(l ~~(Q~ ",-''"(lr \~~~ F'T\g:t. '"(l"";:''J? 'J?K~"; _S"'~ "'O(ll......z. 6~~~ 'f\llI'1~ ;;;0 0" -w,,,, -""..'" 'C'i;~'f) ",p-...~ '" ~' ... 0 ., 'e" t11 Qi;:;: 0 <:>" . ." - - .. -"" \-. ... 0 ' o ..., .- -' o .- V' '" '~021'; ~~.:-!jj>J-,:'. ~-,..' ~!:'_\: ,;p _6'20051<;; ----~- } .--1 l' ' '---' usp' t;-~l'OS7-~ "" -I- . ; ~ ~-=- ""~;;""-:., 02 ~I< $ 0'\.500 0004~OQ~ 11 sEt' 06 2{)05 . ",,o.IU'cO fROM ZIP CODE ~ 9 ~ 0 ~ (") r",,) C"J 0 C ,;;:..) " CJ" ~ :;:! c..-::o fr'1 -n P'= :-n C) C? (~) -n iI: J. ", ;-li rv C, P,) ::; ,'..) .-< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Ameriquest Mtg Securities Inc Tr is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the 7th day of Sept, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 5134, at the suit of Ameriquest Mtg Securties Inc Tr against Michael W Raffensberger & Frances M is duly recorded in Sheriffs Deed Book No. 272, Page 3149. IN TESTlMONY WHEREOF. I have hereunto set my hand . _--iJ:; and seal of said office this J day of fl...ur ,A.D.~C corder of Deeds RecoJ<Ier of , Cumbertond Counly, Cartlsle, PA My Commlsalon Expireslhe First Monday of.lan._ <<()I() Deutsche Bank National Trust Company VS Michael W. Raffensberger and Frances M. Raffensberger The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5134 Civil Term Cpt. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 14,2005 at 8:50 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Michael W. Raffensberger, by making known unto Michael Raffensberger, personally, at 200 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed a true and correct copy of the within action by certified mail, return receipt requested, restricted delivery, deliver to addressee only to the within named defendant, to wit: Frances M. Raffensberger, at her last known address of200 Mill Street, Mt. Holly Springs, PA 17065. This letter was mailed on September 08,2005. The unopened letter was retumed to the Sheriffs Office on October 07, 2005 marked "Unclaimed." Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 13,2005 at 3:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael W. Raffensberger and Frances M. Raffensberger located at 200 Mill Street, Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Michael W. Raffensberger, by regular mail to his last known address of200 Mill Street, Mt. Holly Springs, PA 17065. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, under the pooling and servicing agreement dated as of May 1,2003, without recourse. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-6, under the pooling and servicing agreement dated as of May 1, 2003, without recourse of 505 South Main Street, Suite 100, Orange, CA 92868, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$895.69. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ $30.00 17.56 15.00 15.00 30.00 10.00 .50 1.00 11.52 1.33 15.00 30.00 .74 335.00 297.65 20.89 25.00 39.50 895.69 Sworn and subscribed to before me fbi, ,,' dAy ol~ J' 2000, A.D. '/J .' . . roth ot 0 ,;~r:~ ~ R. Thomas Kline, Sheriff BY, jo~SmaJ. Real Estate eputy vi-' O,}/ . '-' 'N (Y j JO'" l..D' .,1) I I. Cia- s'J. 30 ,~ iM~. /7.3/0 if DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERlQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 CUMBERI~AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC.. ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL W. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PA. 38 MAIN STREET SHENANDOAH, PA 17976 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 ROBERT L. O'BRIEN 19 WEST SOUTH STREET CARLISLE, P A 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~& ~~\,,,,N/ ~ L G. SCH ESQUiRi() Attorney for Plaintiff September 2. 2005 DATE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1,2003 CUMBERLAND COUNTY No. 04-5134 CIVIL Plaintiff, v. MICHAEL W. RAFFENSBERGER FRANCES M. RAFFENSBERGER Defendant(s). September 2, 2005 TO: MICHAEL W. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 FRANCES M. RAFFENSBERGER 200 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT; BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,. Your house (real estate) at, 200 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $128,214.34 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIOUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY 1, 2003 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. DESCRIY110N ALL THAT CERTAJN real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and limited as follows, to wil: ON the North by public road leading from Mount Holly Springs to Boiling Springs, alw known 3S Pennsylvania Legislalive Roule No. 21008; on the Easl by the lanes now or fOrnlerly of Harry Creamer; on the South by laom. no," or formerly of Sid Roth and on tile West by lands now or formerly of Merrill D. HeJ;]'- CONTAINING one acre, more or less. HAVING Ihereon erected a 2.81ory frame dwelling house and other buildings, known as and numbered 200 Mill Slreet. Mt. Holly Spring:<, Pennsylvania 17065. Tax Parc<:III4Q..31.2185..Q34 TITLE TO SAID PREMISES IS VESTED IN Michael W. Raffensbcrger and Frances M. Raffen.,bcrger, hushand and wife by Deed from Marlin Leroy Barbour and france. C. Barbour, husband and wife, el al, daled 3/2011998 and recorded 4/3/1998 in Deed Book 174 Page %3. Premises: 200 Mill Street, Mount Holly Spring, P A 17065 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5134 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET -BACKED PASS THROUGH CERTIFICATES, SERIES 2003-6, UNDER THE POOLING AS SERVICING AGREEMENT DATED AS OF MAY I, 2003, Plaintiff(s) From MICHAEL W. RAFFENSBERGER AND FRANCES M. RAFFENSBERGER (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) Ifproperty 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 $121,234.62 Interest 10/11/04 TO 8/25105 - $6,979.72 $2,192.32 AND COSTS L.L. $.50 FROM 8/25/05 TO 1217/05 (PER DIEM - $21.08) - Atty's Comm % Atty Paid $145.18 Plaintiff Paid Due Prothy $.50 Other Costs Date: SEPTEMBER 7, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ ~ ~ ~ <5V V\i\1 Real Estate Sale #52 On September 09,2005 the Sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as 200 Mill Street, Mt Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ,- . ':pate: September 09,2005 Q.. By: \J6il~ j J ~ Real Est;~Sergeant c- , (.:-~. L.'_J :.,;, ~!:~ C..;:J ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~ SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 e4:~M/ i lG!~ E:'~~'.i;V~~;;{'~:',' ' L.""_ i:' ,~ C Y'!~~,;::: C"\;jri' ."::V:tl,:..'I::!It( '': ,;u,:'. , ,~ ,,. YI f~'i: REAL ESTATE SALE NO. 52 Writ No. 2004-5134 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc.. Asset-Backed Pass Through Certificates Series 2003-6, Under the Pooling and Servicing Agreement Dated as of May 1, 2003 vs. Michael W. & Frances M. Raffensberger Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and limited as follows, to wit: ON the North by public road leading from Mount Holly Springs to Boiling Springs, also known as Pennsylvania Legislative Route No. 21008; on the East by the lanes now or formerly of Harry Creamer: on the South by lands now or formerly of Sid Roth and on the West by lands now or formerly of Merrill D. Herr. CONTAINING one acre, more or less. HAVING thereon erected a 2- story frame dwelling house and other buildings, known as and num- bered 200 Mill Street, ML Holly Springs, Pennsylvania 17065. Tax Parcel #40~31-2185-034. TITLE TO SAID PREMISES IS VESTED IN Michael W. Raffensber- ger and Frances M. Raffensberger, husband and wife by Deed from Marlin Leroy Barbour and Frances C. Barbour. husband and wife, et al, dated 3/20/1998 and recorded 4/3/1998 in Deed Book 174 Page 963. Premises: 200 Mill Street. Mount Holly Spring. PA 17065. . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} S5 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 omce 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 81 g 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. 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 or 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 ...............~ Sworn to aneflib'eci REAL ESTATE SALE No. 52 Writ No. 2004-5134 Civil Term Deutsche Bank National Trust Company, as Trustee of Ameriques! Mortg_ Securities, Inc., Asset-Backed Pass Through Cerltlllcates Sertea 2003-6, Un_ the Pooling and servicing Agreement Dated as of May " 2003 Vs _W..F_M. RaItIII Ii .. Atty: _lIch~ DEr.cM'TION ALL mAT CERTAIN real estate !yiDa.3 being situate in South Middleton Towubip, Cumberland County, Pennsylvania. bounded and limited as follows, to wit: ON THE NOKfH by public road leading from Mount Holly Springs to Boiling Springs, also known as Pennsylvania Legislative Route No. 21008; on the East by the lands now or fonnerly of Hally Creamer; on the South by lands now or formerly of Sid Roth and on the West by lands now or formerly of Merrill D. Hen:. CONTAINlNG one acre, more or less. HAVING thereon erected a 2 story frame dwelling bouse and other buildings, known as and numbered 200 Mill Street, Mt Holly Springs, Penns~lvania 17065. TaxP3rceI#4(}.31-2185-034. ~_ __ _.~ ..-.........."..... ," _.~A'_.l ;M CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 .---....