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HomeMy WebLinkAbout06-7152PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 19 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against SHAWN E. RICKABAUGH and KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON, Defendant(s), pursuant to the Consent Judgment dated 2/9/07, and assess Plaintiffs damages as follows: Debt (Pursuant to Consent Judgment) Interest (12/14/06 to 2/9/07) TOTAL $157,201.28 2,202.26 $159,403.54 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: A) Zoo 7 / / ? 71,f-* 0 t 9 9 e4 PRO 7_1?/ 145582 PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 15) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc., Series 2002-C Asset-Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Without Recourse 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson 889 Grahams Woods Road Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-7152 CIVIL TERM CONSENT JUDGMENT q? AND NOW, This 1 day of , 2007 it is hereby agreed by and between, Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc., Series 2002-C Asset-Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Without Recourse (hereinafter "Plaintiff'), by and through its counsel, . , a ? ? Jenine R. Davey, Esquire and Shawn E. Rickabaugh and Kimberly D. Rickabaugh, A/K/A Kimberly D. Matthews, A/K/A Kimberly D. Nelson (hereinafter "Defendants") by and through their counsel, Frank E. Yourick, Jr., as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 889 Grahams Woods Road, Newville, PA 17241 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due October 1, 2005 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendants Shawn E. Rickabaugh and Kimberly D. Rickabaugh, A/K/A Kimberly D. Matthews, A/K/A Kimberly D. Nelson in the sum of $157,201.28 plus interest from December 14, 2006 at the rate of $37.97 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. Although the Plaintiff shall file the Consent Judgment and may list the property for Sheriff s Sale, Plaintiff agrees that the earliest date that the property may be sold at Sheriff's Sale is June 1, 2007. 3. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendants will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 5. Defendants hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiff s servicing of Defendants' loan and the within foreclosure action. 6. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. 7. This Consent Judgment may be executed in counterpart. A facsimile version of a signature on this document shall be treated for all purposes as the equivalent of the original signatures. Date: d 6 Jenine avey, Esquire Attorn for Plaintiff Date: to Q Frank E. Yo c Jr., squire Attorney for De en ts, Shawn E. Rickabaugh and Kimberly D. Rickabaugh, A/K/A Kimberly D. Matthews, A/K/A Kimberly D. Nelson (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., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 7 A-, '!Z B y: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED : CIVIL DIVISION CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER : CUMBERLAND COUNTY 1, 2002, WITHOUT RECOURSE Plaintiff :NO. 06-7152 CIVIL TERM Vs. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendants TO: SHAWN 9 GRAHAMS WOODS ROAD FILE 6upy NEWVILLE, PA 17241 DATE OF NOTICE: JANUARY 17, 2007 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 "J, --. 5. ILA F NCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED : CIVIL DIVISION CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER : CUMBERLAND COUNTY 1, 2002, WITHOUT RECOURSE Plaintiff :NO. 06-7152 CIVIL TERM Vs. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendants TO: KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 DATE OF NOTICE: JANUARY 17, 2007 hILL UPY 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINA , SQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 Plaintiff, v. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHAWN E. RICKABAUGH is over 18 years of age and resides at, 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241. (c) that defendant KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON is over 18 years of age, and resides at, 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -?amld DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Q> R?- C) 1F : r,) W jz= PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE . Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). No. 06-7152 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/9/07 to JUNE 13, 2007 (per diem -$26.20) TOTAL $159,403.54 $3,248.80 and Costs $165,271.84 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. 'The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 14558 ? Q rHl1 H ?, '"'' W H a? HOV?aO,,AF P QH z HU ? e4O UZ daa?? U CA O?U?V aw WA W W Z, W A Uz V C \j j 0 W A ;ell H ?Q VA W U O W ? o? O c U a w 45 7? a a 14 -4 ram ` V ~, v ?I W -'V V ~ ? V © Ll A 14 kn re ? ? et d` N N 0.+ W ? P P 00 00 o°AO ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7152 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., SERIES 2002-C ASSET- BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE, Plaintiff (s) From SHAWN E. RICKABAUGH, KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $159,403.54 L.L. $30 Interest FROM 2/09/07 TO 6/13/07 (PER DIEM - $26.20) - $3,248.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $133.92 Plaintiff Paid Other Costs Date: MARCH 2, 2007 (Seal) REQUESTING PARTY: i dA 7 4m, i C s R. Long onotar By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '/amlid DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? ? j'iLL7 y DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1 2002, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None A 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANKERS FIRST MORTGAGE COMPANY, INC. 4801 E. INDEPENDENCE BLVD. CHARLOTTE, NC 28212 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, ESQUIRE 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. February 28, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r.? - '• ^ -n _ t? ` vS t.P?? ; February 28, 2007 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C No. 06-7152 CIVIL TERM ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). TO: SHAWN E. RICKABAUGH 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $159,403.54 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Frankford Township, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in line of land, now or formerly of J.C. Chronister; thence along land, now or formerly of Guy R. Etter and Dorothy M. Etter, his wife, North sixty-eight (68) degrees East, a distance of four hundred ten (410) feet to a point in line of land, now or formerly of Charles Baughman; thence along lands now or formerly of the said Baughman, South twenty-one (21) degrees East, a distance of seventy (70) feet to a point in line of lands, now or formerly of the said Charles Baughman; thence along lands now or formerly of the said Charles Baughman, South sixty-eight (68) degrees West, a distance of four hundred ten (410) feet to a point in the Southern side of a public road and lands now or formerly of the said J.C. Chronister; thence diagonally crossing the said public road and along lands now or formerly of the said J.C. Chronister, North twenty (20) degrees thirty (30) minutes West, a distance of seventy (70) feet to a point, the place of BEGINNING. PREMISES BEING: 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 PARCEL NO. 43-04-0358-030 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shawn E. Rickabaugh and Kimberly Rickabaugh, husband and wife, as tenants by the entireties , by Deed from Shawn E. Rickabaugh, married man, joined by and Kimberly Rickabaugh, his wife, dated 10/08/2001, recorded 10/10/2001, in Deed Book 248, page 3615. C-t r3 T'l 4 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLWAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ________145582 DEUTSCHE: BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION T ERM rr NO. CUMBERLAND COUNTY SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATiHEWS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 145582 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, 13E ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE, THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE, EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEI3T OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE, OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #? 145582 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE S1?CURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER TI IE POO ,ING AND SERVICING AGREEMEN I'DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE; 505 CITY PARKWAY WEST SUfTE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: SHAWN E. RICKABAUiH KIMBERLY D. RICKA13AUGI I A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described On 08/23/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE; COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1774, Page: 2457. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/0l /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 145592 6. The following amounts are due on the mortgage: Principal Balance $131,749.57 Interest 17,845.90 09/01/2005 through 12/14/2006 (Per Diem $37.97) Attorney's Fees 1,250.00 Cumulative Late Charges 1068.52 08/30/2002 to 12/14/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 152,463.99 Escrow Credit 0.00 Deficit 4,737.29 Subtotal $ . 4 73 7.29 'T'OTAL $ 157,201.28 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale Ii' . the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of] 974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem_ Judgment against the Defendant(s) in the sum of $ 157,201.28, together with interest from 12/14/2006 at the rate of $37.97 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of' the mortgage(] property. PHELAN HALLINAN & SCHMIEG, LLP BY: /s/F ancis S. _ Hall?nan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 145582 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, COUNTY OI' CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO NVIT: BEGINNING AT A POINT IN LINE OF LAND, NOW OR FORMERLY OF J.C. CHRONISTER; THENCE ALONG LAND, NOW OR FORMERLY OF GUY R. ET"TER AND DOROTHY M. ETTER, HIS WIFE, NORTH SIXTY-EIGHT (68) DEGREES EAST, A DISTANCE OF FOUR HUNDRED TEN (410) FEET TO A POINT IN LINE OF LAND, NOW OR FORMERLY OF CHARLES BAUGHMAN; THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID BAUGHMAN, SOUTH TWENTY-ONE (21) DEGREES EAST, A DISTANCI; OF SEVENTY (70) F'EI-'T TO THE POINT IN LINF. OF LANDS. NOW OR FORMERLY OF THE SAID CHARLI?S BAUGHMAN; THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID CHARLES BAUGHMAN, SOUTH SIXTY-LIGHTS (68) DEGREES WEST, A DISTANCE OF FOUR HUNDRED TEN (410) FEET TO A POINT IN THE SOUTHERN SIDE OF A PUBLIC ROAD AND LANDS NOW OR FORMERLY OF THE SAID J.C. Cl IRONISTER; THENCE DIAC:ONALLY CROSSING THE SAID PUBLIC ROAD AND ALONG LANDS NOW OR FORMERLY OF "f HE SAID J.C. CHRONISTER, NORTH TWENTY (20) DEGREES THIRTY (30) MINUTES WEST, A DISTANCE OF SEVI:NTY (70) FEET TO A POINT, THE PLACE OF BEGINNING. SOUIZCE OF TITLE BOOK 248 PAGE 3615(RECORDED 10/10/2001) PROPERTY BEING: 889 GRAHAMS WOODS ROAD File 4 i4»S2 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing 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 Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: C7 -fir CID CC) -w >' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY, ET. AL., Plaintiff Case No.: 06-7152 Civil Term VS. SHAWN E. RICKABAUGH and KIMBERLY D. RICKABAUGH a/k/a KIMBERLY D. MATTHEWS a/k/a KIMBERLY D. NELSON, 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. (Pa.R.C.P. 1029(c). The debtor(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 one hundred twenty (120) days to allow the defendant(s) to bring the mortgage current. Frank E. Yourick, ?., squire Pa. ID # 00245 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 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. Youric J ., Esquire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 16th day of January, 2007,1 served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yourick, J?., Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 .°, . _r1 w} r}f- CC) PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc.., Series 2002-C Asset- Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Without Recourse Plaintiff vs. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2006-7152 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 18, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "Ali 2. Judgment was entered on March 2, 2007 in the amount of $159,403.54. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $1311749.57 Interest Through 6/13/07 26,459.80 Per Diem $42.46 Late Charges 1,397.40 Legal fees 2,025.00 Cost of Suit and Title 107.00 Sheriff s Sale Costs 0.00 Property Inspections 225.00 Appraisal/Brokers Price Opinioin 200.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient: Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,737.29 TOTAL $168,461.06 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above- in the amount of judgment against the Defendants. 8.. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiffs attached brief. 9.. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 17, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallman & S&nieg, LLP n f ., t B +ichele M. r a fo squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc., Series 2002-C Asset- Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Without Recourse Plaintiff vs. Shawn E.. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 2006-7152 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a. Mortgage on the Property located at 889 Grahams Woods Road, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corh. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mow], 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Compan y v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE, If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. A'TTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: _ I By: ` ichele Nk. ad or , , squire Attorney for Plaintiff i ? h'Oan RallMan, Slcl(rn'6 LLP Exhibit "A" P14ELAN HALLINAN & SCHMIEG, LLP LAWRENCE. T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLWAN, ESQ., Id. No.. 62695 ONE PENN CENTER PLAZA, SUITE 1404 PHILADELPHIA, PA 19143 (2 -5L56-7000 _1145582 DEUTSCHE' BANK NATIONAL TRUST COMPANY', AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING; AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff V. SHAWN E. RICKABAUGH KIMBERLY D, RICKABAUGH NKJA KIMBERLY D. MATTFIEWS AIK/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01, V L ?J (fl0L L, CUMBERLAND COUNTY NEWVILI,E, PA 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE OD NOTICE _. You have been sued in court. If you wish to defend against the claims set forth in the Iowlr4 pilges, you most take action within twenty (20) days after this complaint and notice are served, -? v entering a A ritten 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 nlay be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You m.ay 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDF. YOU WITH INFORMATION ABOUT HIRING A LAWYER. If~ YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 13E AISLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. a?ro?i??o?r PLEASE RETURN Lawyer Referral Service Cumberland County Bar Association 3,2 South Bedford Street Carlisle, PA 17013 (800)990-9108 hereby cod" the Within to be true llc-' ccrrec ,,?Opy ,,t tea criginai tiled at record FT7 File a: 145,582 PHELAN I FALLINAN & SCI-IMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 15)563-]000 -- -- --145582 I)EU'L'SCII]; BANK NATIONAL TRUST COMPANY, AS TRUSTEE OIL AMFRIQUEST MORTGAGE SECURI'T'IES INC., SLUES 2002-C ASSF,T-BACKED (7FRTIFICATES, UNDER,I-HE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE, 100 ORANGE, CA 92868 Plaintiff ATTORNEY FOR PLA INTIT, COURT OF COMMON PLEAS CIVIL DIVISION 'F ERM NO. CUMBERLAND COUNTY SHAWN E. RICKA13AUGYI KIMBERLY D. RICKABAUGH All fA KIMBERLY D. MATTHEWS A/IC/A KIMBERLY D. NELSON 889 GRAIL,?NIS WOODS ROAD NEWVILLE. PA 17211 Defendants CIVIL ACTION - LAW COMI'LAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set: forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by enterirg a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights irnportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYF,R., GO TO OR TELEPHONE TI-IL OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO 1-11RE A LAWYER, THIS OFFICE MAY 13F ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED F1 L OR NO FEE. Lawver Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 rebY 08 d Within to be True 01 the ®?.$iled Ot record original File #.- 145582 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et sey, (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST.' WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEIST OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO ['EASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 145582 I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE: 505 CITY PARKWAY WEST S U ITF_ 100 ORANGE, CA 92868 The name(s) and fast known address(es) of the Defendant(s) are: STELA"vVN E. RIC.KABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTI-IF"WS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/23/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorder: in the Office of the Recorder of CUMBERLAND County, in Book: 1774, Page: 2457. PLAINTIFF is now the legal owvner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2005 and each month thereafter are due and unpaid, and by the terns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Pile P. 145582. 6. The following amounts are due on the mortgage: Principal Balance $131,749.57 Interest 17, 845.90 09/01/2005 through 12/14/2006 (Per Diem $37.97) Attoniey's Fees 1,250.00 Cumulative Late Charges 1,068.52 08/30/2002 to 12/14,'2006 Cost of Suit and Title Search 550.00 Subtotal $ 152,463.99 Escrow Credit 0.00 Deficit 4,737.29 Subtotal $ 4,737.29 TOTAL $ 157,201.28 7. The attorney's fees set forth above; are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees ,vill be cliarged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Prograrn pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania 1lousing Finance Agency. 9. This action does not come under Act 6 of t974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 157,201.28, together with interest from 12/14/2006 at the rate of $37.97 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLENAN & SCHMIEG, LLP -tom By.: /s/F ancis Hallinan LAWRENCE T. PHELAN, ESQUIRE, FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff rae a: 145582 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN LINE OF LAND, NOW OR FORMERLY OF J.C. CHRONISTER; THENCE ALONG LAND, NOW OR. FORMERLY OF GUY R. ETTER AND DOROTHY M. ETTER, FIIS WIFE, NORTH SIXTY-EIGHT (68) DEGREES EAST, A DISTANCE OF FOUR HUNDRED TEN (410) FEET TO A POINT IN LINE OF LAND, NOW OR FORMERLY OF CHARLES BAUGHMAN; THENCE ALONG-LANDS NOW OR FORMERLY OF THE SAID BAUGHMAN, SOUTH TWENTY-ONE (21) DEGREES EAST, A DISTANCE OF SEVENTY (70) FEET TO 'IIE .POINT ITF LINT OF LANDS, NOW OR FORMERLY OF THE SAID CHARLES BAUGHMAN; THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID CHARLES BAUGHMAN, SOUTH SIXTY-EIGHTS (68) DEGREES WEST, A DISTANCE OF FOUR HUNDRED TEN (410) FEET TO A POINT IN THE SOUTHERN SIDE OF A PUBLIC ROAD AND LANDS NOW OR FORMERLY OF THE SAID J.C. CURONISTER; THENCE DIAGONALLY CROSSING THE SAID PUBLIC ROAD AND ALONG LANDS NOW OR FORMERLY OF THE SAID J.C. CHRONISTER, NORTH TWENTY (20) DEGREES THIRTY (30) MINUTES WEST, A DISTANCE OF SEVENTY (70) FEE'T' TO A POINT, THE PLACE OF BEGINNING. SOURCE OF TITLE BOOK 248 PAGE 3615(RICORDED 10/10/2001) PROPERTY BEING-.: 889-GRAHAMS WOODS ROAD filc s: 14,582 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN F. KENNEDY BLVD., SUITI; 1400 PHILADELPHIA, PA 19103-1814 211 5) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM r K ?. D. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against SHAWN E. RICKABAUGH and KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBBRLYV. NELSON, Defendant(s), pursuant to the Consent Judgment dated 2/9/07, and assess P1alliijff"amcaaes as follows: Debt (Pursuant to Consent Judgment) $157 201.2$ , Interest (12/14/06 to 2/9/07) 2 202.2 6 , ` ' TOTAL = '• $159,403.54 - } 7=` ATMR` E T?,LE C0Py DANIEL G. SCHMIEG, ESQUIRE PLEA' ?? ?-TU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 145582 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617.John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson 889 Grahams Woods Road Newville, PA 17241 RE: Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc., Series 2002-C Asset-Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Without Recourse vs. Shawn E. Rickabaugh and Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Premises Address: 889 Grahams Woods Road, Newville, PA 17241 Cumberland County CCP, No. 2006-7152 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vey try ur Mi hel M. Bradford, e For Phelan. Hallinan & Schmieg, LLP Enclosure O r.. a c7 W U ?j a a Q a W a r. 0 00 ? o cad ? Y Q cd, U? a ? b a Cd Oa cl V zQo a._ u ? ? n c 'm a o ? ? S u O y C ? b • G Q W E C ~ L K ? ? U ? 0 L s L 3003 drz WOHJ (131IHw .? N . Z L l adb 0 L08 LZti00O L O O o ? ± o7s•oa $ Wl ZO v 0 G.Q U O O 53nM19 A3N11d s b) 4 ) 1SOd Ste' - E . O G ? C P4 H v a Flo ¢¢U w •? F N 8 III 3 ? G ? N f? o ?j v .N o b vw ? r S ? Q'.? O T G H R v Q''L. o ' >? Q L a co o o b ` O G cl, Q ? ? 1 3 CL b o F Q vi :3 u H d , .? v -D ? phi b ?0 i cr .i Y O v x ? N E z Ay >, L CO a CD ? co a ? w Go Y Go o W c a w +.' c o N cr N t W 7 A? r?W V M Y L () L ? a> "fl Q? V d 7 } U a. 0 w, _ C Y LLI w 28) E 3Q 1 c " z; y° z cn a L L a? N 00 N 00 - z k U ? -lu v ? G N v 00 O -- N M d [-o a /d V VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallman & Schmieg, LLP DATE: "'C B Michele radfo d, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Deutsche Bank National Trust Company, As Trustee of Court of Common Pleas Ameriquest Mortgage Securities Inc., Series 2002-C Asset- Backed Certificates, Under the Pooling and Servicing Civil Division Agreement Dated as of October 1, 2002, Without Recourse Plaintiff : Cumberland County VS. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Defendants : No. 2006-7152 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson 889 Grahams Woods Road Newville. PA 17241 DATE: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Phelan tf allinan & Schrfi' Ig, LLP B? Mi hele M. Bradfo d, squire Attorney for Plaintiff t APR 2 7 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc., Series 2002-C Asset- Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Without Recourse Plaintiff vs. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Defendants Court of Common Pleas Civil Division Cumberland County No. 2006-7152 CIVIL TERM RULE AND NOW, this 74 day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the _ day of qe-A- 2007, at 3:K. in the lfaiM 43 Courtroom of the Cumberland County Courthouse, Carlisle, J. 145582 zfo t t$w 31IJ SHERIFF'S RETURN - REGULAR # I CASE NO: 2006-07152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RICKABAUGH SHAWN E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICKABAUGH SHAWN E the DEFENDANT , at 1535:00 HOURS, on the 27th day of December-, 2006 at 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 by handing to SHAWN RICKABAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge //.t -f16 7 So Answers: 18.00 7.92 .00 10.00 R. Thomas Kline .00 35.92 12/28/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this of By. day D y Sheriff A.D. SHERIFF'S RETURN - REGULAR 9 CAS13 NO: 2006-07152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RICKABAUGH SHAWN E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICKABAUGH KIMBERLY D A/K/A KIMBERLY D MATTHEWS the DEFENDANT , at 1535:00 HOURS, on the 27th day of December , 2006 at A/K/A KIMBERLY D NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 by handing to SHAWN RICKABAUGH, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16 00 -15 q1b . Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/28/2006 PHELAN HALLINAN SCHMIEG By. D u y Sheriff A.D. -moo .rr -?r r .r.?i. PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire Atty. I D No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Court of Common Pleas Ameriquest Mortgage Securities Inc., Series 2002-C Asset- Backed Certificates, Under the Pooling and Servicing Civil Division Agreement Dated as of October 1, 2002, Without Recourse Cumberland County Plaintiff vs. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Defendants : No. 2006-7152 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 6, 2007 was sent to the following individual on the date indicated below. Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson 889 Grahams Woods Road Newville, PA 17241 DATE: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & c ieg, LLP By: ichele M. Bradfor , Esquire Attorney for Plaintiff -T - .1 SALE DATE: NNE 13.2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF No.: 06-7152 CIVIL TERM AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE VS. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 889 GRAHAMS WOODS ROAD, NEWVILLE. PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ?RE Attorney for Plaintiff June 6, 2007 Name and PHELAN HALLINAN & SCHMIEG, L.L.P. Address One Penn Center at Suburban Station Of Sender 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-18 V CHRISTINE SCHOFFLERYLLD Line Article Number NsmeefAddresmy Street, sad NO Olrme Address P-ar Fee FRANK E. YOURICK, ESQUIRE, PO BOX 644, MURRYSVILI$ PA 15668 2 EH 3 ? f 5 G?O oo1 6 7 8 9 10 It 12 37N1d 13 14 15 SHAWN E. RICKABAUGH CQS CUMBERLAND 145582 Total Number of Pica. UWA By 9aake Tow Numbs of Pieces Recd ed at Pmt Olrwe Posto"w. Pa (Nanm o(Rer i"" Employee) She &H dwis mim of "m a .armd dm sR damask ad WaWUmal roostood mil. The maimum iadmmrty payable for the rewmtrmaim of aomgmiable doa cs uader Express kW doaseam teeawtraxtiaa imv u is 8000.00 pw pime abject to a paw of 800.000 paemmrwae. She mudmam iadetnofq psy" m Expmw triad machmadim isamamm is SSW Tbs -imum In ommy prjW* is $23,000 far regme ed m4 um wmb aptmsd i wemce. See Damemm Mail Maamd R90OA913 and 3921 fm Umiuwmt of C.-aw. Name and PHELAN HALLINAN & SCHIv11EG, L.L.P. Address One Penn Center at Suburban Station Of Sender 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 CHRISTINE SCHOFFLER//LLD Line Article Number Name ofAddtaaa. Strad, owl Pert Office Addrcm o ,° a Fee Jill I DOMESTIC RELATIONS OF CUMBERLAND COUNTY, 13 NORTH HANOVER STREET, CARLISLE, PA 170 2 O COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF WELFARE, PO BOX 2675, HARRISBURG, PA 401,1 3 TENANT/ OCCUPANT, 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 ?f o o 4 SHAWN E. RICKABAUGH, 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 5 KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATT HEWS A/K/A KIMBERLY D. NELSON, 889 GR p N o° 3 ° j p WOODS ROAD, NEWVIL1 F, PA 17241 6 BANKERS FIRST MORTGAGE COMPANY, INC., 4801 E. INDEPENDENCE BLVD., CHARLOTTE, NC 282 7 8 ti 9 10 i •, 1 i 12 13 14 15 SHAWN E. RICKABAUGH CQS CUMBERLAND 145582 SOW Nmaba of Tow Namba of Pieces t Otr? d P R d Pmtassa, Pa (Name of R?e Em loy-) The full dedsndoo of wdx is nggJ W a dl domestic rd ioemsatieaal reVo and ma nle meaimem W maily psyabk br - Us cemaamuctiOa afooaaelpdieble dxmaeats usda E?tw l(W daauant ncomsretica immrenu u 530,000.00 pa pine Pierre Ubod By Sends m m oo w p subjed to a lima of SM.=paocammoe. The mwdonm iodhmity Payable w Eipr Mmi soenlsodin imvuoe is SSW.The ®admm idemaity payable is US.000 fa n5ietmdlma0, not with optimal imiaatu. Sm Domestic Md Manuel R9W.5913 ad S921 lot Umbmiats of mw W. G rt }?7 ? t l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee of Court of Common Pleas Ameriquest Mortgage Securities Inc., Series 2002-C Asset- Backed Certificates, Under the Pooling and Servicing Civil Division Agreement Dated as of October 1, 2002, Without Recourse Cumberland County VS. Plaintiff : No. 2006-7152 CIVIL TERM Shawn E. Rickabaugh Kimberly D. Rickabaugh A/K/A Kimberly D. Matthews A/K/A Kimberly D. Nelson Defendants ORDER AND NOW, this (O day of '2007 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $131,749.57 Interest Through 6/13/07 26,459.80 Per Diem $42.46 Late Charges 1,397.40 Legal fees 2,025.00 Cost of Suit and Title 1,667.00 Sheriffs Sale Costs 0.00 Property Inspections 225.00 Appraisal/Brokers Price Opinion 200.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 S Suspense/Misc. Credits 0.00 Escrow Deficit 4,737.29 TOTAL $168,461.06 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs comm figure. Sk, V41U) .a ? 1 uded in the above J. 145582 ! r X10 .8 WN L- un COOZ 3'C""i?-40T-,0 - I I j Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee of Ameriquest Mortgage Securities, Inc. Cumberland County, Pennsylvania Et al Writ No. 2006-7152 Civil Term VS Shawn E. Rickabaugh and Kimberly D. Rickabaugh a/k/a Kimberly D. Matthews a/k/a Kimberly D. Nelson Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2007 at 1744 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: Shawn E. Rickabaugh and Kimberly D. Rickabaugh a/k/a Kimberly D. Matthews a/k/a Kimberly D. Nelson, by making known unto Shawn E. Rickabaugh, personally and husband of Kimberly D. Rickabaugh, at 889 Grahams Woods Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1427 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shawn E. Rickabaugh and Kimberly D. Rickabaugh a/k/a Kimberly D. Matthew a/k/a Kimberly D. Nelson, located at 889 Grahams Woods Road, Newville, 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: Shawn E. Rickabaugh and Kimberly D. Rickabaugh a/k/a Kimberly D. Matthews a/k/a Kimberly D. Nelson, by regular mail to their last known address of 889 Grahams Woods Road, Newville, PA 17241. These letters were mailed under the date of April 5, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 19.38 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 17.28 Levy 15.00 Surcharge 30.00 Law Journal 407.00 Patriot News 381.95 Postpone Sale 40.00 Share of Bills 16.17 ?o?Jgld7 ? ,,, $988.28 V r.Sb t' 0G 1 l9q6 y'y So Answers: R. Thomas Kline, Sheriff BY J 0-d EWtL Real Estate ergeant D>UTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACe9D CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE Plaintiff, V. SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7152 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: 1 Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANKERS FIRST MORTGAGE 4801 E. INDEPENDENCE BLVD. COMPANY, INC. CHARLOTTE, NC 28212 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, ESQUIRE 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 28, 2007 , DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 00 w DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE Plaintiff, V. February 28, 2007 CUMBERLAND COUNTY No. 06-7152 CIVIL TERM SHAWN E. RICKABAUGH KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON Defendant(s). TO: SHAWN E. RICKABAUGH 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON 889 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $159,403.54 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES. UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. y .a 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Frankford Township, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in line of land, now or formerly of J.C. Chronister; thence along land, now or formerly of Guy R. Etter and Dorothy M. Etter, his wife, North sixty-eight (68) degrees East, a distance of four hundred ten (410) feet to a point in line of land, now or formerly of Charles Baughman; thence along lands now or formerly of the said Baughman, South twenty-one (21) degrees East, a distance of seventy (70) feet to a point in line of lands, now or formerly of the said Charles Baughman; thence along lands now or formerly of the said Charles Baughman, South sixty-eight (68) degrees West, a distance of four hundred ten (410) feet to a point in the Southern side of a public road and lands now or formerly of the said J.C. Chronister; thence diagonally crossing the said public road and along lands now or formerly of the said J.C. Chronister, North twenty (20) degrees thirty (30) minutes West, a distance of seventy (70) feet to a point, the place of BEGINNING. PREMISES BEING: 889 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 PARCEL NO. 43-04-0358-030 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shawn E. Rickabaugh and Kimberly Rickabaugh, husband and wife, as tenants by the entireties , by Deed from Shawn E. Rickabaugh, married man, joined by and Kimberly Rickabaugh, his wife, dated 10/08/2001, recorded 10/10/2001, in Deed Book 248, page 3615. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7152 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., SERIES 2002-C ASSET- BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, WITHOUT RECOURSE, Plaintiff (s) From SHAWN E. RICKABAUGH, KIMBERLY D. RICKABAUGH A/K/A KIMBERLY D. MATTHEWS A/K/A KIMBERLY D. NELSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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 $159,403.54 L.L. $.50 Interest FROM 2/09/07 TO 6/13/07 (PER DIEM - $26.20) - $3,248.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $133.92 Other Costs Plaintiff Paid Date: MARCH 2, 2007 a It zLta -? Curtis . Long, Pro ry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF TRUE GoPy F rA RECORD Telephone: 215-563-7000 t!??''AL Supreme Court 1D No. 62205 4d UM $12107 ' Saild CQport at, CarliSle, pa +?i a ? Real Estate Sale # 78 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 889 Grahams Woods Road, cc =17? Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 '71 rE d 1 ?IVN I60Z By: b? U'VLL?UI Real Estate, ergeant ? `ir. 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#78 Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYL.V:aNl?1? Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County ion Expires June 6, 2010 em or. ° ;sv1v,-nr,,^,,?,iriP!ionof Notaries NO ARY PUBLIC 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. r sa Marie Coy, Editor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 _ NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 78 Writ No. 2006-7152 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-C Asset-Backed Certificates, Under the Pooling and Servicing Agreement Dated as of October 1, 2002, without recourse vs. Shawn E. Rickabaugh Kimberly D. Rickabaugh, a/k/a Kimberly D. Matthews, a/k/a Kimberly D. Nelson Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Frankford Town- ship, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in line of land, now or formerly of J.C. Chronister; thence along land, now or formerly of Guy R. Etter and Dorothy M. Etter, his wife, North sixty-eight (68) degrees East, a dis- tance of four hundred ten (410) feet to a point in line of land, now or formerly of Charles Baughman; thence along lands now or formerly of the said Baughman, South twenty-one (21) degrees East, a dis- tance of seventy (70) feet to a point in line of lands, now or formerly of the said Charles Baughman: thence along lands now or formerly of the said Charles Baughman, South sixty-eight (68) degrees West, a dis- tance of four hundred ten (410) feet to a point in the Southern side of a public road and lands now or for- merly of the said J.C. Chronister; tbowe diagonally crossing the said Pttbi1ie road and along lands now or formerly of the said J.C. Chronister, North twenty (20) degrees thirty (30) minutes West, a distance of seventy (70) feet to a point, the place of BEGINNING. PREMISES BEING: 889 GRAHAMS WOODS ROAD, NEW- VILLE, PA 17241. PARCEL NO. 43-04-0358-030. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shawn E. Rickabaugh and Kimberly Rickabaugh, husband and wife, as tenants by the entire- ties, by Deed from Shawn E. Ricka- baugh, married man, joined by and Kimberly Rickabaugh, his wife, dated 10/08/2001, recorded 10/ 10/2001, in Deed Book 248, page 3615.