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HomeMy WebLinkAbout06-6663GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. CRAIG E. MORRIS Mortgagor and Real Owner 309 Walnut Street Boiling Springs, PA 17007 Plaintiff Defendant b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL ACT': MORTGAGE PAM'CL4OLW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretention(a ?oldbecklaw co m. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1452. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is CRAIG E. MORRIS, 309 Walnut Street, Boiling Springs, PA 17007, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On December 19, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1788, Page 3984. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$164,731.41 Interest from 12/01/2005 through 11/30/2006 at 10.0000% ...................$16,702.39 Per Diem interest rate at $45.76 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,236.57 Late Charges from 01/01/2006 to 11/30/2006 ..........................................$1,762.09 Monthly late charge amount at $100.98 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance .......................................................................................$5,587.56 Fees ..............................................................................................................$106.00 Suspense ..................................................................................................... -$397.01 Monthly Escrow amount $119.00 $197,629.01 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $197,629.01, together with interest at the rate of $45.76, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: - --a'I' D PECECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. (S `° Date:--( E..xhibit.A F order ppiob®r: 000008412 Re: Craig E. MoL is 30P WALNUT STREET ' BOILING SPRINGS, PA 47007 it CUMBERLAND County gIT -A' -4 ALL THAT CERTAIN lot, parcel or tract of:land situatq;in Boiling Springs Village, South Middleton Township, Cumberland I County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike orFthe west si4a of Walnut Street at the south line of a Sixteen (IT feet wide alley; thence along Walnut Street South Seventeen (17)-degrees Thirty (30) minutes East Forty (40) feet to a spike at a corn''sr of land now or formerly of E.H. McKelvey; thence along said land Sou'(th Seventy-Two (72) degrees West Two Hundred Six and Seventy HundredfDs (206.70) feet to a stake on the east side of a Sixteen (16) feet wid -alley; thence along said alley North Thirty-Four (34) degrees Fort?+y-On® (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pip on the south side of the first mentioned Sixteen (16) et wide alley; thence along the same North Seventy-One ("71) degrees @p4) minutes East Two Hundred Nineteen and Seven Hundredth (219.07) feet to the point and place of BEGINNING. 4 RAVING thereon erected a two and one-hajAi story brick-house and a frame barn, being known as 309 Walnut Street. i s e- C - ;f f f . i • ? ?Fi F Bpi t l 881G4000 E.xhifiit (B P.O. Box 11ON 1111111111111111111111111 Santa Ana, CA 92711-1000 7182 6389 3060 0825 2198 ""C MORTGAGE SERVICES May 19, 2006 CRAIG E MORRIS 2 Nn 309 WALNUT STREET BOILING SPRINGS, PA 17007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0041495177 Property Address: 309 WALNUT STREET, BOILING SPRINGS PA, 17007 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTZWTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your tome is in default, and the leader intends to foreclose. Specific information about the nature of the default is provided is the attached pages. The HOMEOWNEWS MORTGAGE ASSISTANCE PROGRAM (HE") may be able to belp to save your home. This Notice explains bow the program works. To see if HZMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agra. The name. address and phone number of Consumer Credit Counseling Agencies serving your Conah are listed at the end of this Notice. N you have an questions. Yom may call the Pennsvivania Housing Finance Agency toll free at 1-600-342-?,397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. U you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact as attorney is your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO F06AV*"-0 Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire ARRIBA. PIIEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIN11R SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE; s IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND : IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Daring that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the ed of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling a acy listed at the end of this noticethe lender may NOT take action against You for thirty (30) days after the date of this meetms:. The names addresses and teleehone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency wider the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. May 19, 2006 Loan Number: 0041495177 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emermey Morttane Asslstaaeel HOW TO CURE YOUR MORTGAGE DEFAULT Brim it so to date) NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at 309 WALNUT STREET, BOILING SPRINGS, PA 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 01/01/06 thru 05101106 at $1471.97 per month Monthly Payments plus late charge or other fees: $9125.88 Total Amount to Care Default: 59125.88 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not auplicable): N/A HOW TO CURE THE DEFAULT -Yon may care the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9125.88 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: AMC Mortgage Services 505 City Parkway West, Suite 9100 Orange, CA 92868 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A IF YOU DO NOT CURE THE DEFAULT -If You do not care the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its A=lts to accelerate the mort&W debt. This means that the entire outstanding balance of this debt will be considered doe immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose pj" your norttaaed p-rqp"- IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Shaiff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, cep to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yaa care the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums doe under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, von sL] have tie *.ght to cure he dcfanh and Prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the Ff,1MIKPI.-,6 tkrf Ming OW other reaairements under the mortgagee Caring your defsalt in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to can the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO BOX 11800 Santa Ana, CA 92711-1000 Phone Number 000-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUWTION OF MORTGAGE -- You may or R may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. : TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. s TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) s 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 BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER Z TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0041495177 Mailed by 1st Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region IS 14 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 A?A041ftPI2-06 2v (J (Ali 'v?w) YI a r? c-- v ? t. -i? 'i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST, ET.AL., Plaintiff VS. CRAIG E. MORRIS, Defendant(s) NO. 2006-06663 ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. The defendant(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief and based on the records they currently have in their possession, that they cannot determine the amount that may be due and owing, if any. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yo k, Jr., Esqui P.O. Box 644, NNrrysville, kA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on 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 Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank-E. Yo is Jr Esquire Attorney for Defen t(s) CERTIFICATE OF SERVICE I certify that on the 8th day of December, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Joseph Goldbeck, Jr., Esquire Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 9' Frank E. Yo ck, r. Esqui e Attorney for Defen ant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 co C GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. CRAIG E. MORRIS Mortgagor and Record Owner 309 Walnut Street Boiling Springs, PA 17007 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6663 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE (hereinafter "Plaintiff'). 2. Defendant is CRAIG E. MORRIS (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on November 17, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit A. Y 4. Defendant filed an Answer on or about December 8, 2006, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER LISA A. LEE, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. CRAIG E. MORRIS Mortgagors and Record Owners 309 Walnut Street Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-6663 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT yam' being duly sworn according to law, deposes and says: 1. I am the 3J ?aCE Lux,11 for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. E i 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, CRAIG E. MORRIS, made, executed and delivered a Mortgage upon the premises, 309 Walnut Street, Boiling Springs, PA 17007, on December 19, 2002 to AMERIQUEST MORTGAGE COMPANY. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due January 01, 2006 and each month thereafter are due and unpaid. At no time from January 01, 2006 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B" to Plaintiff's Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 12/01/2005 through 11/30/2006 at 10.0000% Per Diem interest rate at $45.76 Reasonable Attorney's Fee Late Charges from 01/01/2006 to 11/30/2006 Monthly late charge amount at $100.98 Costs of suit and Title Search Escrow Advance Fees Suspense Monthly Escrow amount $119.00 $164,731.41 $16,702.39 $8,236.57 $1,762.09 $900.00 $5,587.56 $106.00 -$397.01 $197,629.01 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me this /U7 day: Sy: Amerrque ? agm nr?y ail A ?o rt?y in Fact by its authuriaed agent AKO of-? e-,rm 2006: Mortgage Services Ina. Notary ublic MARY ROMO COMM. #1538734 o?c NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Dec. 26, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. CRAIG E. MORRIS Mortgagor and Record Owner 309 Walnut Street Boiling Springs, PA 17007 EXHIBIT LIST A. Complaint B. Answer C. Mortgage ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6663 D. Note W it of ? ?XBIT GOLDBECK McCAFFERTY & MCKEEVER . ATTORNEY I.D. ALfiLam SUITE 500 VPA E E 701 MAR RN PHILADE HIA, 19 6 (215) 825-6318 WWW.GOLDBECKLA cc ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS Mortgagor and Real Owner 309 Walnut Street Boiling Springs, PA 17007 Defendant I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL ACT'• MORTG-AGE pLOaURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC ' r7 8 Irvine Row _ Carlisle, PA 17013 717-243-9400 --- -`' CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue n.) Carlisle, PA 17013 V AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELLFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO,1~ STA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionOgoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1452. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Pi ti i 91K RUST COMPANY, AS TRUSTEE OF AMERIQUEST MO ES C ACKED PASS THROUGH CERTIFICATES, SERIES 2003 , E L E ICING Ate' Y 1, rkway West, i' ? 1? g?,(?> G6Fd?CaPY QF 0 ity Pa 2003, MO THE ORIGINAL. IFILED 2. The nd o the D endan t is CRAIG E. MORRIS, 309 Walnut Street, Boiling Springs, PA 17007, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On December 19, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1788, Page 3984. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property") 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: .............................................................................$164,731.41 . . Principal Balance . . . Interest from 12/01/2005 through 11/30/2006 at 10.0000% .. .................$16,702.39 Per Diem interest rate at $45.76 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,236.57 Late Charges from 01 /01 /2006 to 11/3 0/2006 ....................... ...................$1,762.09 Monthly late charge amount at $100.98 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance .......................................................................................$5,587.56 Fees ..............................................................................................................$106.00 Suspense ..................................................................................................... -$397.01 Monthly Escrow amount $119.00 $197,629.01 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the -- - right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $197,629.01, together with interest at the rate of $45.76, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: I . , 0---- # e?c t, - D ECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: ! I { G' Nanci Jimen ,For losure Supervisor AMERIQUES M TGAGE CORPO ION E C C . F - osdew N=ber: 0000oe412 1 •? Re. Craig E. Mortis 30O WALNUT STREET BOILING SPRINGS, PA 47007 i? CUMBERLAND County FS nAl. T 'Am ALL THAT CERTAIN lot, parcel or tract oi'eland situatRiln Boiling Springs Village, South Middleton Township), CumberlandtCounty, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as followaa: B-11 EGITMXNG at a point marked by a spike orFthe west side of Walnut Street at the south line of a Sixteen (1 feet wide alloys thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a corrsr of land now or formerly of B.H. McKelvey; thence along said land So 4,h Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundred s (206.70) feet to a stake on the east side of a Sixteen (16) reet wid" alley; thence along said alley North Thirty-Four (34) degrees For -one (41) minutes west Forty and Thirty-Five Hundredths (40.35) feet to an iron pi on the south side of the first mentioned Sixteen (16); eet wide alley; thence along the same North Seventy-One (71) degrees rty-Four h@4) minutes Last Two Hundred Nineteen and Seven Hundredth (219.07) feet to the point and place of BEGINNING. I RAVING thereon erected a two and one-hal44story brick-house and a frame barn, being known as 309 Walnut Street. i .i At 4 ?) :a D" 1788PG4000 Ex hibit (13 P.O. Box 11000 111111111111111111111111111 1 NI R11111111 1111IN Santa Ana. CA 927114000 7182 6389 3060 0825 2198 CRAIG E MORRIS 21"M 309 WALNUT STREET BOILING SPRINGS, PA 17007 1111 "C MORTGAGE SERVICES May 19.2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0041495177 Property Address: 309 WALNUT STREET, BOILING SPRINGS PA, 17007 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the montage on your home is in default. and the lender intends to foreclose. Spec fle information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (--MAP) maybe able to help to save your home. This Notice explains how the program works. To we if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Covaselint Agency, The name, address and phone number of Consumer Credit Counseling Agencies servint your County are listed at the end of this Notice. If you have any Questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearint tan call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fed a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUlvlERO MENCIONADO 00" " a-09 Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1953 {THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, = IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Doing that time you must arrange and attend a face-to-fact meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NE1t:T (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - if you meet with one of the consumer credit counseling ageng listed at the end of this notice, the lender may NOT take action of sinst you for thirty (30) days after the date for of this meetin The names addresses ad tele hone numbers of desi ed consumer credit counselor agencies the county in which the pop ty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediai* of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific informatioik about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-wface meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available finds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 6040JJWP12-06 May 19, 2006 Loan Number: 0041495177 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed baukru tey you can still apply for Emergeacy Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it as to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at 309 WALNUT STREET, BOILING SPRINGS, PA 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 01101/06 thra 05/01106 at $1471.97 per month Monthly Payments plus late charge or other fees: $9125.88 Total Amount to Care Default: $9125.88 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): NIA HOW TO CURE THE DEFAULT -Yon may core the default within THIRTY (30) DAYS of the data of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9125.88 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments most be made either by cash, cashier's check, certified check or money order made payable and sent to: AMC Mortgage Services 505 City Parkway West. Suite 0100 Orange, CA 92868 You can core any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) NIA IF YOU DO NOT CURE THE DEFAULT--If you do not core the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered doe immediately and you may lose the chance to pay the mortgage in monthly installments. If fall payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged RK-Off- 1F THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the Mader refers your case to its attorneys, but you care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the leader even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY period, yon will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sae you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, you still have the right to cure the d &ult and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by EF040KJNCP12-06 performing any other requirements under the mortgage. Caring your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never ddaulted. EARLIFST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to core the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 300430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attozncy's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. s TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) s TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW_ CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0041495177 Mailed by 1st Class Mail and by Certified Mail EFMOUMCPIAOS Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 "ANIMP12-06 "I . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST, ET.AL., Plaintiff NO. 2006-06663 VS. CRAIG E. MORRIS, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. The defendant(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief and based on the records they currently have in their possession, that they cannot determine the amount that may be due and owing, if any. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. 4rE. uriMF-squir4' , P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on 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 Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Youri r., Esqu e Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 8th day of December, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Joseph Goldbeck, Jr., Esquire Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Frank E. Yourick, Jr., Esquire Attorney for Defen t(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 ?? ?? ???. ?? ;; ?,?,. , ROBERT P. ZIEGLER -17 d'' ;kEGGRDER OF DEEDS ?tl.AND OOUNTY - P,? 3:;.?tinE DEC Z6 RM 10 06 Prepared By:Ameriquest Mortgage Company Return To: Linda Dalto Ameriquest Mortgage Company 214 Senate Ave., R 206,Camp Hill, P.O. Box 11507 PA 17011 Santa Ana, CA 92711 Parcel Number: 40-29--2482-238 [Space Above Thb Lb1e For Recording Data] 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. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedDecember 19, 2002 , together with all Riders to this document. (B) "Borrower" is CRAIG E MORRIS , married man Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company Lender is a Corporation 0041495177-5697 PENNSYLVANIA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01 076(PA) toooa? 12/19/2002 8:26:42 Page 1 of 1e Wfals VMP MORTGAGE FORMS - MOO) 521-7291 81t!788 G3984 organized and existing under the laws of Delaware Lender's address is 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 datedDecember 19, 2002 The Note states that Borrower owes Lender one hundred sixty-eight thousand three hundred and 00/140 Dollars (U.S. $168 , 300.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2033 00 "Property" means the property that is described below under the heading "Transfer of Rights in the Property." M "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums doe under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider Q Condominium Rider Q Second Home Rider Q Balloon. Rider Planned Unit Development Rider Q 1-4 Family Rider Q VA Rider Q Biweekly Payment Rider Q Other(s) (specify] (11) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such terra includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Fscrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condernnatiow, or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. " "Mortgage Insurance" means 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. 0041485177 - 5697 Jrxeal=. M -Of PA) (ooos} Page 2a} J6 12/19/2002 8:26:42 Form 3039 1101 aK 1 78UPG3985 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party bw assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the county [Type of Recording Jurisdiction] Of CUMBERLAND [Name of Recording Iurisdiction]: Legal Description Attached Hereto and Made a Part Hereof. which cvrrently has the address of 309 WALNUT STREET BOILING SPRINGS ("Property Address"): [street] Pty), Pennsylvania 17007 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and addition shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 004149;j07 - 5697 )ni"ala' _®B(PA) toooa! Page 3 of 18 12119/2002 8:26:42 Form 3039 1/01 01(1788Pt-3986 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instru qtent covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due 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 the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fimds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower aright have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 004197 - 5697 ?niefaEr I=, -6J PA) (oooa) Page 4 of 18 12/19/2002 8:26:42 Form 3039 1101 811 1788PG3987 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Praceeds to principal due wader the Now shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid itt full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Leander 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 lo. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all funds, and in such amounts, that are then required udder this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specida",ed under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity Cincluding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest o0414a5177-5697 "oars! GV" lz®NPA) iooosl Page 6 af l6 12/19/2002 a:26:42 Form 3039 1/01 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RBSPA, Lender shall account to Borrower for the excess funds in accordance with RE,SPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up die shortage in accordance with R.ESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leaschold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided is Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 00 4041 5177 -5697 ?-Of PA) (ooos) Page Bof 78 12/19/2002 8:26:42 Form 3039 1101 ORI788PG3989 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, 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 restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. 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 security 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 applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, 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 bas offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 0041495277-5697 InJttda:.;? ?? 6tPA1 tooosi Faq. or is 12/19/2002 8:26:42 Fame 3039 1101 8K 1788PG3990 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing iu the Property, Borrower shall maintain the Property in order to prevent the Property from, deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 0041495177 - 5697 iniaare.^QA, 4M -G(PA) toom Page aof 16 12/1912002 B • 26.42 Form 3039 1101 61{1788PG399I Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from, the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contiime to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a norrrcfimdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in frill, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non--refundable lass reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until temmnation is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fonds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 0041 95177 - 5697 ?[1([ra19: W-GWAl POW Page 9of 16 12119/2002 8:26:42 Form 3039 1101 N I 38PG3992 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. 1)nning such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sball 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 apposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 00414,55177 - 5697 ?,ia?lsc (W-13{PA} (vooe) awe toot 1 s 12/19/2002 8:26:42 Form 3039 1101 ?!? 1788PG3993 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 Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous 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 amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to time provisions of Section 18, any Successor in Interest of Harrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Secarity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shalt bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximnm loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Boaower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment 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 connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 00414,5177 - 5697 I Iddl9: ?. (a -6(PA) (0008) Page 11 of as 121'1912002 8:26:42 Form 3039 9109 81KI788PG3994 have been given to Borrower when, mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shalt constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifies a procedure for reporting Borrower's change of address, then Borrower shalt only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to arty requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shaft not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shaft mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest iu the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest is Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies persuitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the, termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 00414PA77 - 5697 1IItS??9:^{,?1 0 -61PA) toooai Page tz or f s Form 3039 l lot m 12/19/2002 8:26:92 BKI788PS3995 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or mare 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 the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action. (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to 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 be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 00414,$177 - 5697 InWaia: VGtn -O(PA) toooaf Page 13 of Ie 12/19/2002 13:25:42 Form 3039 1101 an 1788PG3996 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by any governmental or regulatory authority, or any private party, that an removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cared; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension, of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0041425177 - 5697 40-6tpA} toooef Page 14 of 10 12119/2002 B:26:42 Form 3039 1101 OK I78d_PG3997, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) CRAIG E MORRIS -Borrower _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) Borrower 0041495177 - 5697 -BtPA) toooo} Page 16 of 16 12/19/2002 8:26:42 Form 3039 1101 6K 17881DU3998 Certificate of Residence I y) , do hereby certify that the correct address of the within-named Mortgagee is _ P, © ` B Witness my hand this e'?`? ! Y f 'ei ?v PENNSYLVANIA e&)V%Ae,0"1'd Caunt Y ss: COMMONWEALTH OP On this the q74 day of before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged that helshetthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J My Commission Expires: r r NO AT RIAL SEAL Robin R. Lame, Notary Public Camp }fill Borough, County of Cumberland MY CommissiOn Expires Oct. 11, 2004 Title of Officer lil 11111111111811111111111111111 4M1WA (4ro2) Page 16 or re 0041495177 - 5697 12/1912002 8:26:42 AM BK 788PC3999 Orden Number: 000004412 t r Re: Crag E. Mods; 309 WALNUT STREET BOILXNG SPRINGS, PA d7007 CUMBERLAND County E?iTOTT ' A' ALL THAT CERTAIN lot, parcel or tract of'land situate.'in Boiling Springs Village, South Middleton Township, Cumberland,County, Pennsylvania, bounded and described in accordance with a survey and Flan thereof made by Thomas A. Neff, Regiatered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike orb the west siae of Walnut Street at the south line of a Sixteen (11.V feet wide alley; thence along Walnut Street South Seventeen (17)degrees Thirty (30) minutes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundred Ds (206.70) feet to a stake on the east side of a Sixteen (16) feet wid'alley; thence along said alley North Thirty-Four (34) degrees Forty-one (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron p4 on the south side of the first mentioned Sixteen (16),Weet wide alley; thence along the same North Seventy-One ("71) degrees Tlirty-Four (-04) minutes East Two Hundred Nineteen and Seven Hundredthst (219.07) feet to the point and place of BEGINNING. .j 1 HAVING thereon erected a two and one-halfi4story brick-house and a frame barn, being known as 309 Walnut Street. c 1 e' :i 4 •? i ra NI788PG4000 i f ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published in the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 19th day of December , 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Ameriquest Mortgage Company (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 309 WALNUT STREET, BOILING SPRINGS, PA 17007 [Property Addressl THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8.990 %. The Note provides for changes in the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of January, 2005 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index_ The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published In the Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date Is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. Loan Number: 0041495177 - 5697 810-1 (Rev V01) Page 1 of 3 Initials 1 211 9120 02 8:26:42 AM 9KI788PG400I (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six and one-half percentage points ( 6.500 %) to the Current Irxiex. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly pa meat that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.990% or less than 8.990%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one(1.000 %) from the rate of interest 1 have been paying for the preceding six months. My interest rate will never be greater than 14.990% or less than 8.990%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include Information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Propert f or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. Initials CALI Loan Number: 0041495177 - 5697 M-2 (Rev 1101) Page 2 of 3 12/1912002 8:26:42 AM a If all or any part of the Property or any Interest in the Property Is sold or transferred (or if Borrower Is not a natural person and a beneficial Interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is prohibited by federal law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Adjustable Rate Rider. rX A': ? #I (Seal) Borrower C IG E MOR I (Seal) Borrower Loan Number: 0041495177 - 5697 610-3 (Rev 1101) (Seal) Borrower (Seal) Borrower Certify this to be recce "'d In Cumberland Cotlrlty a fy, ? a Recorder of D-CAs Page 3 of 3 BW 12!1912002 8:26:42 AM 4Mni • ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) Loan Number. 0041495177 - 5697 THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. December 19, 2002 Ionia] Orange iCIM CA [Stela[ 309 WALNUT STREET, BOILING SPRINGS, PA 17007 [Property address[ 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 168,300.00 (this amount Is called "princlpai"), plus Interest; to the order of the Lender. The Lender Is Amedquest Mortgage Company . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay Interest at a yearly rate of 8.880 %. This interest rate 1 will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default - described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on February 1, 2003. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before.principal. If, on January 1, 2033 , I still owe amounts under this Note, 1 will pay those amounts in full on that date, which Is called the "Maturity Date!% I will make my payments at 505 City Parkway West, Suite 100 Orange, CA 92868 or at a different place if required by the Note Holder, (B) Amount of My initial Monthly Payments Each of my Initial monthly payments will be In the amount of U.S. $ 1,352.97. This amount may change. (C) Monthly Payment Changes Charges in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of January, 2005 , and on that day every sixth month thereafter. Each date on which my Interest rate could change Is called a "Change Date" (B) The index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" Is the average of interbank offered rates for six-month U.S. dollar-denominated deposits In the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date Is called the "Current Index." If at any point in time the index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six and one-half percentage point(s) (6.500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eight of one percent Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. WE HEREBY CERTIFY THIS COPY a4UET ORiGINA - aiar: rn zot-tan t ?eey. sw+t 8Y• at .-.-------? - AMER MORTGAGE COMPANY 12!16!2002 8:26:42 AM 0 Loan Number: 0041495177 - 5697 (D) Limits on Interest Rate Changes The• interest rate I am required to pay at the first Change Date will not be greater than 10.990 % or less than 8.990 %. Thereafter, my interest rate will never be Increased or decreased on any single Change Date by more than one percentage point(s) (1.000 %) from the rate.of Interest i have been paying for the preceding six months. My interest rate will never be greater 14.990% or less than 8.990% . lE) Effective Date of Changes My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. (5) PREPAYMENT PRIVILEGE I may prepay all or a portion of the principal balance of this Note in accordance with the terms of this Section. A "prepayment" Is any amount that I pay in excess of my regularly scheduled payments of principat and interest that the Lender will apply to reduce the outstanding principal balance on this Note in accordance with this Section. (A) Prepayment Made Three (3) year(s) After the bate of this Note if I make a prepayment commencing on or after the Three (3) year anniversary of the date of this Note, I may make that prepayment, in full or In part, without the Imposition of a prepayment charge by the Lender. (B) Prepayment Made Within Three (3) year(s) of the Date of this Note I agree to pay Lender a prepayment charge if I make a prepayment before the Three (3) year(s) anniversary of the date of this Note, whether voluntartly or involuntarily, and the aggregate amount of the prepayment I am currently making, plus all prepayments made during the immediately preceding 12 month period, exceeds twenty percent (20%) of the original principal balance of this Note. The amount of the prepayment charge will equal six (6) months interest, at the rate then in effect on this Note, based upon the aggregate amount of. () The principal balance prepaid on this Note during that 12-month period,, plus (Ii) the principal balance prepaid as a result of current prepayment. (C) Application of Funds I agree that when I Indicate in writing that I am making a voluntary prepayment, the Lender shall apply funds 9 receives first to pay any prepayment charge and next in accordance with the order of application of payments set forth In Section 2 of the Security Instrument (D) Monthly Payments If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this Note and the Security Instrument, my regularly scheduled payments of principal and interest will not change as a result. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other ban charges collected or to be collected In connection with this loan exceed the permuted limits, then: p) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (11) any sums already collected from me which exceeded permitted ilmits will be refunded to rte. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces the principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date It is due, i will pay a late charge to the Note Holder. The amount of the charge will be 8,000 % of my overdue payment of principal and Interest. i will pay this late charge promptly but only once on each We payment. (B) Default If I do not pay the full amount of each monthly payment on the date it Is due, I will be in default. (C) Notice of Default if i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the Interest that I owe on that amount. The date must be at least 30 days after the date on which the notice Is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time which I am in default, the Note Holder does not require me to pay immediately In full as described above, the Note Holder will still have the right to do so if 1 am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. ' Inilials:?, zot4A0J (ftw.9 * 2 03 i2MWO02 8.26:92 AM • 0.02n Number. 0041495177 - 5697 S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personalty obligated to keep all of the promises made in this Note, Including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made In this Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "presentment" means the right to require the Notb Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition, to the protections given to the Note Holder under this Note, A Mortgage, Deed of Trust or Security Deed (the "Security InstrumeW), dated the same as this Note, protects the Note Holder from possible losses which might result if I do not keep the pro mises that I make in this Note. That the Security Instrument describes how and under what conditions I may be required to make immediate payment In full of 96 amounts I owe under this Note. Some of those conditions are described as follows: . Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or If a beneficial interest In Borrower is sold or transferred and Borrower Is not a natural person) without the Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option If: (a) Borrower causes to be submitted to tender information required by Lender to evaluate the Intended transferee as if a new ban were being made to the transferee, and (b) Lender reasonable determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrowerwiil continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment In full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 12. GOVERNING LAW PROVISION This Note and the related Security interest are governed by the Alternative Mortgage Transaction Parity Act of 1982, i 12 USC §3802 et: seg., and, to the extend not inconsistent therewith, Federal and State law applicable to the jurisdiction of the Property. Oral agreements, promises or commitments to lend money, extend credit, or forebear from enforcing repayment of a debt, including promises to extend, modify, renew or waive such debt, are not enforceable. This written agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or the Instrument which secures this Note, must be In a signed writing to be I legally enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. L (Seat) (Seal) BORROWER CRAIG E MORRIS BORROWER (seal) (seal) BORROWER. BORROWER 201aaw(Rev. aot7 3 of 3 i2li=002 8:26:42 AM VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Lisa A. Lee, quire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. CRAIG E. MORRIS Mortgagor and Record Owner 309 Walnut Street Boiling Springs, PA 17007 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6663 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Cheryl A. Dilchus, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: FRANK E. YOURICK & ASSOCIATES Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: (47 r, heryl A. ' lchus Sr. Litigation Paralegal ... GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. CRAIG E. MORRIS Mortgagor and Record Owner 309 Walnut Street Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-6663 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff Lisa A. Lee, Esquire (Name and Address) 701 Market Street, Suite 5000 - Philadelphia PA 19106 (b) for defendant: Frank E. Yourick, Esquire (Name and Address) P.O. Box 644 Murrysville, PA 15668 s 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Lisa A. Lee. Esquire Print your name Date: December 20, 2006 rt.., ?i C'? ? c ? ? --+ ? :-?= --? r?? ;;?s_ ?" ? _? ? ,?; ? ?; , ? , ?. _? ?..- ? M1??7? r _ _ .. ?N ... ?.. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06663 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MORRIS CRAIG E ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRIS CRAIG E the DEFENDANT , at 1514:00 HOURS, on the 20th day of November , 2006 at 309 WALNUT STREET BOILING SPRINGS, PA 17007 by handing to CRAIG MORRIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.28 „???CG[ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.28-/ 11/21/2006 GOLD13ECK MCCAFFERTY MCKEEVER / ? /0 ? lb?, Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff' VS. CRAIG E. MORRIS 309 Walnut Street Boiling Springs, PA 17007 Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland County 06-6663 AFFIDAVIT OF SERVICE I hereby certify that a true and correct copy of Notice of Oral Argument scheduled for January 24, 2007 at Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 on Plaintiff's Motion for Summary Judgment, was sent by first class mail, postage pre- paid, upon the following on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. %Lisa. K McCAFFERTY & McKEEVER Date: January 11, 2007 By: s ire A ttorney for Plaintiff C7 0 In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS (Mortgagor(s) and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-6663 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CRAIG E. MORRIS IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 1/24/07. Assess damages as follows: Debt Interest from 12/01/2006 to Date of Sale Total (Assessment of Damages attached) $197,629.01 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NOW ,,Ja&.) ?I a ?xa , Judgment is entered in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE and against CRAIG E. MORRIS IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 1/24/07 and damages assessed in the sum of $197,629.01 as per the above certification. Pro notary 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 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 06-6663 VS. CRAIG E. MORRIS (Mortgagors and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothono By: '__?-JaW4 If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 AMQ-1452 ry THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 11, 2006 TO: CRAIG E. MORRIS 309 Walnut Street Boiling Springs, PA 17007 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS (Mortgagor(s) and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) TO: CRAIG E. MORRIS 309 Walnut Street Boiling Springs, PA 17007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-6663 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ?Osevfi cofrffwcka A GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CRAIG E. MORRIS, is about unknown years of age, that Defendant's last known residence is C/O FRANK E. YOURICK, JR., ESQUIREP.O. BOX 644, MURRYVILLE, PA 15668, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: Iff 1\ a,u GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS (Mortgagor(s) and Record owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6663 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, and against CRAIG E. MORRIS IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 1/24/07, in the sum of $197,629.01. )ldbeck, Jr. Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that the name(s) and last known address(es) of the Defendant(s) is/are CRAIG E. MORRIS, C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668; GO LVMB McCAFFERTY & McKEEVER BY: os A. Goldbeck, Jr. Attorn or Plaintiff ' ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/01/2005 through 11/30/2006 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search ESCROW ADVANCE FEES SUSPENSE $164,731.41 $16,702.39 $8,236.57 $1,762.09 $900.00 $5,587.56 $106.00 -($397.01) $197,629.01 Cill K MCCAFFERTY & McKEEVER B K Jo F A. Goldbeck, Jr. Arn r Plaintiff AND NOW, this 3( day of Jc6lk:) , 2007 damages are assessed as above. C- Pro,erothy OOLDBECK MCCAFFERTY & MCKEEVER e Page 2 of 3 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esquire Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS Mortgagor and Record Owner 309 Walnut Street Boiling Springs, PA 17007 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County No. 06-6663 CONSENT JUDGMENT AND NOW, it is hereby stipulated and agreed by and between the undersigned as follows: 1. Judgment in Mortgage Foreclosure is entered in favor of Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT Tuesday, January 16, 2007 America Online: FEYPGH GOLDBECK MCCAFFERTY & MCKEEVER Page 3 of 3 • . 4 RECOURSE, and against Defendant, CRAIG E. MORRIS damages to be assessed in accordanLe with the demand in the Complaint. Plaintiff reserves the right to petition the Court to reassess its damages prior to any Sheriff s sale; 2. The subject property may be sold at the June 13, 2007 Cumberland County Sheriff's sale or any subsequent sale; 3. Defendant retains the right to reinstate and/or payoff the mortgage in question at anytime prior to a Sheriffs Sale, if any, in accordance with the mortgage documents; 4. Defendant has no defenses to this action and does not intend to interpose any answer herein and specifically waives the right to do so and any and all defenses that might otherwise have been contained therein. Plaintiff and Defendant agree that any sums advanced by Plaintiff after the entry of this judgment in mortgage foreclosure shall become a part of the judgment lien. 6. This Consent Judgment represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel. JG)(/J Date: .7 eichael Esquire Attorney for Plaintiff Date: b 0 IJ Yourick,., Esquir Attorney for Defendant Tuesday, January 16, 2007 America Online: FEYPGH n 44L 3 yw /ma y T W PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6663 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 12/01/2006 to Date of Sale at 10.0000% $197,629.01 (Costs to be added) BY:Vosepq X. Goldbeck, Jr. Atto v f r Plaintiff & McKEEVER c!i U v ?N Ua ts'w ? 0 Q v ? woHoGwW? VW?`''o4 171 : T ev d ? yU x ? a o 0 LA 064 Fx. 4y?, oqn a? y Qi O p' 03 ??o an w ° a c ti r V ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike on the west side of Walnut Street at the south line of a Sixteen (16) feet wide alley; thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Sixteen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty-One (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pin on the south side of the first mentioned Sixteen (16) feet wide alley; thence along the same North Seventy-One (71) degrees Thirty-Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 309 Walnut Street Boiling Springs, PA 17007 SOLD as the property of CRAIG E. MORRIS TAX PARCEL #40-29-2482-238 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6663 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 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003 WITHOUT RECOURSE Plaintiff (s) From CRAIG E MORRIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $197,629.01 L.L. $0.50 Interest FROM 12/01/2006 TO DATE OF SALE AT 10.0000% Atty's Comm % Due Prothy $ 1.00 Atty Paid $ 115.28 Other Costs Plaintiff Paid Date: January 31, 2007 (Seal) Curti . Long, P notary By: REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR ESQ Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Deputy Supreme Court ID No. 16132 A Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS (Mortgagor(s) and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-6663 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 309 Walnut Street Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AGWAY ENERGY PRODUCTS 530 E. North Street Carlisle, Pa 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 309 Walnut Street Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 26, 2007 GO AqKMcCAFFERTY & McKEEVER BY: Sep . Goldbeck, Jr., Esq. Atto v f Plaintiff ? `: .? L "K i _ ?„ ?i.?.? ,_ ?? r--- '? .: r ; _. ? ,, y : ?? ?„Y? ?+f . -- 06-6663 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff Vs. CRAIG E. MORRIS Slortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant( Term No. 06-6663 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRIS, CRAIG E. CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 Your house at 309 Walnut Street, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $197,629.01 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE against you. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE OF OWNER'S RIGHTS 06-6663 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 06-6663 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i?goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1452. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. "'`'t ?+ t Z TR GOL.DBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1452 CF: 11/17/2006 SD: 06/13/2007 $197,629.01 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-6663 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. et 1 s B : J eph . Goldbeck, Jr. Attorney for Plaintiff r tP O O O N O .-- ?N ? 1r?mo 1 °U- a LL ?? a 0 LL a10 a J 4 ? r O 5??11M(1 CD, O O Td i i! . y F-4? 1 1?4L L? R 'iL! p ?V -tie N ?OC?? 0 _ tai CD vo m L U E R h U a Who wo }. Z ? W = o Co < nU M 0 N Q Ma Z 9"a Co t ?ac) ?I W m m o d' tL w Na ? S 'atle oul a-N? o w? ujo? 1 a?pw2:5o mJ~?=W I? N W ? N vi W m? U2g co W O m 'r LL m z 0 0 O. G wv m mc? = La ? ' o Ucn 0) o x Y X M -0 C 'l Q O R D Z to mi N ?. Q7m? WO co V V 0. 0. co Z a- H ?. n e f ? tin 106 m 0 ID H Q u r 0. 0 la CL v c 0 0. C 0 0. m 0 c 0 M 0 t3 H N IL o 6106 r 1° c?a x? a N Z 2 m o $ M r to z ?o (3 r C/) - =+ o. Q N S LU U GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-6663 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 309 Walnut Street Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: AGWAY ENERGY PRODUCTS 530 E. North Street Carlisle, Pa 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 309 Walnut Street Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 15, 2007 OW EC cCAFFERTY & McKEEVER Wom osephA. Goldbeck, Jr., Esq. ey for Plaintiff '° ? '-?, ? °, . ` ?: :--i Y, • c_ i : ? . . ? ' , - , . Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee of Ameriquest Mortgage Securities, Cumberland County, Pennsylvania Inc., Asset Backed Pass Through Certificates Writ No. 2006-6663 Civil Term Series 2003-1, Under the Pooling and Servicing Agreement Dated as of February 1, 2003, without recourse VS Craig E. Morris Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2007 at 1951 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Craig E. Morris, by making known unto Darlene Morris, wife of Craig E. Morris, at 309 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1402 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Craig E. Morris, located at 309 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Craig E. Morris, by regular mail to his last known address of 309 Walnut St., Boiling Springs, PA 17007. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing 30.00 Poundage 17.41 Advertising 15.00 Posting Handbills 15.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Law Journal 377.00 Patriot News 371.45 &f 4671 1 .. 3 ? $ 888. So Answers: R. Thomas Kline, Sheriff B CG 414 Real Esta a Sergeant I yf P-7 S/ ®Cec.. / 9 y/7/ r Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS (Mortgagor(s) and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-6663 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 309 Walnut Street Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): CRAIG E. MORRIS CIO FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: CRAIG E. MORRIS CIO FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AGWAY ENERGY PRODUCTS 530 E. North Street Carlisle, Pa 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 309 Walnut Street Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 26, 2007 UO 1 & McKEEVER BY: seFCCAFFERTY oldbeck, Jr., Esq. Atto v intiff 06-6663 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff' DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Term No. 06-6663 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRIS, CRAIG E CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 Your house at 309 Walnut Street, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $197,629.01 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE against you. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE OF OWNER'S RIGHTS 06-6663 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6663 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.ggv for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(agoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1452. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike on the west side of Walnut Street at the south line of a Sixteen (16) feet wide alley; thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Sixteen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty-One (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pin on the south side of the first mentioned Sixteen (16) feet wide alley; thence along the same North Seventy-One (71) degrees Thirty-Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 309 Walnut Street Boiling Springs, PA 17007 SOLD as the property of CRAIG E. MORRIS TAX PARCEL #40-29-2482-238 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6663 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 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003 WITHOUT RECOURSE Plaintiff (s) From CRAIG E MORRIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $197,629.01 L.L. $0.50 Interest FROM 12/01/2006 TO DATE OF SALE AT 10.0000% Atty's Comm % Due Prothy $ 1.00 Atty Paid $ 115.28 Plaintiff Paid Date: January 31, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR ESQ Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Other Costs Curti . Long, oProotary By: Deputy Supreme Court ID No. 16132 ?? tUALN Real Estate Sale # 39 On February 21, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 309 Walnut Street., Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 21, 2007 By? ??r?? ©C Real Estate Sergeant 9z :b V 1-1 I ,Ali L001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 39 Writ No. 2006-6663 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates Series 2003-1, Under the Pooling and Servicing Agreement Dated as of February 1, 2003, Without Recourse VS. Craig E. Moms Atty.: Joseph Goldbeck ALL THAT CERTAIN lot, parcel ?sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 LC"Z C +,,n a` .i d,l? f-'??z?Ci ?^ _ "our y THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ` SALE#39 M OF ?f? 19 pllrtt??. l i'lplrl4ln ,k Ohm lot u r cow u r. Y b e I Sworn to and Notarial Seal i en y L. Russell, Notary Public City Of Harrisburg, Dauphin County Ay Commission Expires June 6, 2010 QQnevlvanV 0scndation of Notaries ARY PUBLIC 2007 A.D. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this ---4 -day of May, 2007 a C !'ou y x REAL ESTATE &UX NO. 39 Writ No. 2006-6663 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates Series 2003-1, Under the Pooling and Servicing Agreement Dated as of February 1, 2003, Without Recourse vs. Craig E. Morris Atty.: Joseph Goldbeck ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a sur- vey and Plan thereof made by Thom- as A. Neff, Registered Surveyor, dated September 11, 1964, as fol- lows: BEGINNING at a point marked by a spike on the west side of Wal- nut Street at the south line of a Six- teen (16) feet wide alley; thence along Walnut Street South Seven- teen (17) degrees Thirty (30) min- utes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) de- grees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Six- teen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty-One (41) minutes West Forty and Thirty-Five Hun- dredths (40.35) feet to an iron pin on the south side of the first men- tioned Sixteen (16) feet wide alley; thence along the same North Sev- enty-One (71) degrees Thirty=Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 309 Walnut Street Boiling Springs, PA 17007. SOLD as the property of CRAIG E. MORRIS. TAX PARCEL N40-29-2482-238. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#39 Sworn to and s0bMAkR**?*aNWV ay 2007 A.D. Notarial Seal -ferry L. Russell, Notary Public City of Harrisburg, Dauphin County *Commission Expires June 6, 2010 Mamhar RQnnsvivani Association of Notaries ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 'C? PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R:C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6663 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 12/01/2006 to Date of Sale at 10.0000% $197,629.01 (Costs to be added) UTV-ftall U-Mijo GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff d W Pa, O M `O O ? V E"'OQ za O U W x F z zn v-V C7 F _U ri U 7 0 O¢xC7?cwn E-"p5°a'OG'"O w Q [? O O z?xwQF ?Q 3 w CQ - W x°w°w Uwe°w Vl) x H ? W?v Tqo 0 'k W W ? O SO d Cn O > O t. 7r ? V Q p ? ? a C7 ?3? U bA O t". o 13 a4 ;+ 0 z O H D w O O W u bl o? ? O U w 0 1 b D 00 00 *,' .Cj 00 0 o p W oso d 1 a?ui U N x v ? y Q? ? N O N u o u o ;? o a? c7 N U U U /5 _71 t'F7 rS: C>> f" F I c: O ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike on the west side of Walnut Street at the south line of a Sixteen (16) feet wide alley; thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Sixteen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty-One (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pin on the south side of the first mentioned Sixteen (16) feet wide alley; thence along the same North Seventy-One (71) degrees Thirty-Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 309 Walnut Street Boiling Springs, PA 17007 SOLD as the property of CRAIG E. MORRIS TAX PARCEL 440-29-2482-238 IN THE-UNITED STATES BANKRUPTCY COURT FOR-THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CRAIG MORRIS Debtor(s) CHAPTER 13 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE Movant VS. CRAIG MORRIS CHARLES J. DEHART, III Esq., Trustee Respondent ORDER NO. 1:07-bk-01423 MDF 11 U.S.C. Section 362 and 1301 Upon consideration of the Motion of Movant for Relieve from the Automatic Stay and Answer of Debtor filed thereo, and after notice and hearing, it is ORDERED AND DECREED that The Automatic Stay of all proceedings, as provided under 11 U.S.C. Sections 362 and 1301 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. 11 U.S.C. Sections 362 and 1301 (if applicable), are modified to allow DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 309 Walnut Street Boiling Springs, PA 17007 and a possessory action if necessary. Movant may, at its option, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/ loss mitigation agreement. The moving party may contact the debtor(s) via telephone or written correspondence to offer such an agreement. B the {_'Itwt, Dated: November 27, 2007 r r 8"l r pip? T' -ill age This document is electronically signed and , fated on the same date. 'a. 1 - Goldbeck McCafferty& McKeever _ BY:-Michael- T. McKeever - Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS (Mortgagor(s) and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 No. 06-6663 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 309 Walnut Street Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432, - P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 AGWAY ENERGY PRODUCTS 530 E. North Street Carlisle, Pa 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 309 Walnut Street Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 14, 2008 Ukm 0 1. • "a umf) GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff r - c-a 17 Gv ,: 1 C l ??C7 k GOLDBECK McCAFFERT_Y & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s Term No. 06-6663 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRIS, CRAIG E CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 Your house at 309 Walnut Street, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $197,629.01 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE against you. 06-6663 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE OF OWNER'S RIGHTS 06-6663 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 - r 06-6663 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 - 06-6663 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(kgoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1452. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO. 06-6663 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6663 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 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 2/01/03, WITHOUT RECOURSE, Plaintiff (s) From CRAIG E. MORRIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $197,629.01 L.L. Interest from 12/01/06 to Date of Sale at 10.0000% Atty's Comm % Due Prothy $2.00 Atty Paid $1,024.91 Other Costs To Be Added Plaintiff Paid Date: 1/23108 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1452 CF: 11/17/2006 SD: 06/11/2008 $197,629.01 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-6663 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever Attorney for Plaintiff w ?a o t? c rO? r NO c 3C3 r a o g U S k ? ? ? ? ® a c'i bb LL 0 a ¢ A Z .I ?? R 0 W m? CO wit tC??uw W ? mE Vag U ED ©oM? Ln o F U a m N to 0 0 a z(' c ^ g a o } a -64 E u v ui J a v -6 A n at Of U' w? ?N 0 "d C, X J 46Z 1( g ? U? N C<Lt c U 0 H>- ¢ Z? 0 3 }Z - z ?oo? rx m U. = m 0 f U Wz ? Q p 3 W a 07 O f! ?° x m ° QL 4 LLto 0. Z n U a uj z lv o r CL fIl ?p Y J=N wo W2 a? o E? I Z? ?Eg??_g_?o Z 2? o= N r (V r6 v u7 (n 1? aD C d 4 G ° m `o S a m E a v _r o ai 0 C> R co It LL O N eo Lo uJ a Q Vv, l?{Lr I ' i _ i .i ! I ! ? ! ! ? 1 Q CLL __ 17 ? ? i i ? 'DO,, R t , i N a a .e OW m QQQ? w ? w 0° ? c z ? g wod? C3N i I '61 C Z 2 W lu- 11 'a as Ui in Z py1'? ? ? CV ; C7 ? ? ! m ti I Cd { f _t- ?r r tj N 1 ?$ 0 L LL LL d w ?N 0 m C W 0 et V N ir O m W U GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-6663 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 309 Walnut Street Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 AGWAY ENERGY PRODUCTS 530 E. North Street Carlisle, Pa 17013 UNITED STATES ATTORNEY'S OFFICE FOR THE MIDDLE DISTRICT OF PENNSYLVANIA C/O THOMAS A. MARINO 240 WEST THIRD STREET WILLIAMSPORT, PA 17701 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 309 Walnut Street Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: April 23, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff NO - r Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates Series 2003-1, Under the Pooling and Servicing Agreement Dated as of 02-01-03, without Recourse vs Craig E. Morris In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-641-7 Civil Term 44i3 Defendant Craig E. Morris will be served through an outside service, per letter of instruction. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2008 at 0945 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Craig E. Morris located at 309 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Craig E. Morris by regular mail to his last known address of 309 Walnut Street, Boiling Springs, PA 17007. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael McKeever. Sheriffs Costs: Docketing 30.00 Poundage 17.19 Posting Handbills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 5.76 Levy 15.00 Surcharge 20.00 Law Journal 359.00 Patriot News 383.09 Share of Bills 14.73 $876.77 ???i''?c ?' So Answers: R. Thomas Kline, Sheriff s r' BY Real Estate S¢ geant ).JV G r Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL, TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS (Mortgagor(s) and Record Owner(s)) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-6663 DEUTSCHE BANK NATIONAL "TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 309 Walnut Street Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): CRAIG E. MORRIS CIO FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 2. Nalne and address of Defendant(s) in the judgment: CRAIG E. MORRIS Ci0 FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 6,14 MURRYVILLE. PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 AGWAY ENERGY PRODUCTS 530 E. North Street Carlisle, Pa 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/ OCCUPANTS 309 Walnut Street Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Januarv 14, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Fsq. Attomey for Plaintiff 3 GOLDBECK McCAFEERT_Y & McKEEVER BY: Michael T. McKeever Attorney I.D,#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 06-6663 Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY , 2003, WITHOUT RECOURSE 505 City Park-Nay West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn No. 06-6663 vs. CRAIG E. MORRIS Mortgagor(s) and Record Owner(s) 309 Walnut Street Boiling Springs, PA 17007 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRIS, CRAIG E CRAIG E. MORRIS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYVILLE, PA 15668 Your house at 309 Walnut Street, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $197,629.01 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS 06-6663 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS :PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 06-6663 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6663 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1452. Para information en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike on the west side of Walnut Street at the south line of a Sixteen (16) feet wide alley; thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Sixteen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty-One (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pin on the south side of the first mentioned Sixteen (16) feet wide alley; thence along the same North Seventy-One (71) degrees Thirty-Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 309 Walnut Sti-eet Boiling Springs, PA 17007 SOLD as the property of CRAIG E. MORRIS TAX PARCEL #40-29-2482-238 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6663 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 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 2/01/03, WITHOUT RECOURSE, Plaintiff (s) From CRAIG E. MORRIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $197,629.01 L.L. Interest from 12/01/06 to Date of Sale at 10.0000% Atty's Comm % Due Prothy $2.00 Arty Paid $1,024.91 Other Costs To Be Added Plaintiff Paid Date: 1/23/08 Pr thonotary "17 (Seal) By: REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy Real Estate Sale # 10 On February 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 309 Walnut Street, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2008 By: Real Estate?ergeant 00 :01 b 56 NVF Boot '33i?3HS ?? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L-JAS, Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 C ? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 10 Writ No. 1006-oooo ? ivii Deutsche Bank National Trust Company, as Trustee of Ameriquesi Mortgage Securities, Inc._ Asset Backed Pass Through Certificates; Series 2003-1, Under the Pooling and Servicing Agreement Dated as of 02-01-03, without recourse vs Craig E. Morris Atty.: Joseph Goldbeck ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a survey and Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 1 f , 1964, as follows: BEGINNING at a point marked by a spike on the west side of Walnut Street at the south line of a Sixteen (16) feet wide alley; thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a cor- ner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Sixteen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty- One (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pin on the south side of the first mentioned Sixteen (16) feet wide alley; thence along the same North Seventy-One (71) degrees Thirty- Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 309 Walnut Street, Boiling Springs, PA 17007. SOLD as the property of CRAIG E. MORRIS, TAX PARCEL #40-29-2482-238. ,,.The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Pahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: p 04/23/08 ?t 04/30/08 05/07108 `. . ./• T'II'K 4 Win ..-... ?.NL •. v. . . . . . . . . . . . . . Sworn to qid sylbscribed before me this 27 day of May, 2008 A.D. Notary Public ?Efv?SYLV,aiv?6- Noiaria Sea" Chyne L. Shepparo, ;Votary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Vember. P?r,nsv var-a 'tssoriatnr of Notaries Real Eeiab Sale #110 Weft NO.200&4M ChdlTerm Detdscha Bank NaEional Trust Company, as Trustee of Amerkluest Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series 2003-1, Under the Pooling and Servicing Agreement Dated as of 02-01-03, w Mum recourse VS Craig E. Morris Attorney Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land situate in Boiling Springs Village, South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey ar, itd Plan thereof made by Thomas A. Neff, Registered Surveyor, dated September 11, 1964, as follows: BEGINNING at a point marked by a spike on the west sire of Walnut Street at the south line of a Sixteen (16) fcex wide alley; thence along Walnut Street South Seventeen (17) degrees Thirty (30) minutes East Forty (40) feet to a spike at a corner of land now or formerly of E.H. McKelvey; thence along said land South Seventy-Two (72) degrees West Two Hundred Six and Seventy Hundredths (206.70) feet to a stake on the east side of a Sixteen (16) feet wide alley; thence along said alley North Thirty-Four (34) degrees Forty-One (41) minutes West Forty and Thirty-Five Hundredths (40.35) feet to an iron pin on the south side of the first mentioned Sixteen (16) feet wide alley; thence along the same North Seventy-One (71) degrees Thirty- Four (34) minutes East Two Hundred Nineteen and Seven Hundredths (219.07) feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick house and a frame barn, being known as 309 Walnut Street. AIPROVEMENTS consist of a residential dwelling.. Deft Sic, PA 17W 9fl[8rrttirs >10°!?` ? f3t+1iQ ?. 7, 1X PARCEL #40-29-1482-238 16 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CRAIG E. MORRIS 309 Walnut Street Boiling Springs, PA 17007 Defendant PRAECIPE TO VACATE JUD TO THE PROTHONOTARY: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 06-6663 Kindly vacate the judgment upon payment of your costs only. 4w, MICHAEL T. MCKEETVTR, ESQUIRE ,VIA A GOLDBECK McCAFFERTY & MCKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. CRAIG E. MORRIS 309 Walnut Street Boiling Springs, PA 17007 Defendant TO THE PROTHONOTARY: IN Kindly mark the above case Discontinued and Ended Michael T. Mc Attorney for P COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-6663 END payment of your costs only. ver, Esquire ?? &?° ? ?Ul it ' .? M'S .. ?iw}'°'S'°j, ray ?. ^."1 w r f `.T ? , . _