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HomeMy WebLinkAbout07-0138GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF a'7 -- 12P (210%, ? - DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. Mortgagor and Real Owner 134 B Street Carlisle, PA 17013 Defendant Term No. CIVIL ACTION: MORTGAGE FrO !CLOOU4 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna goldbecklaw com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1551. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is DAVID E. CAUTHEN SR., 520 Longs Gap Road, Apt., C, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. SANDRA L. CAUTHEN F/K/A SANDRA L. FETTER died on June 10, 2006 and is hereby released of liability pursuant to Pa.R.C.P. 1144. As Defendants owned the propy as Joint the Right of Survivorship, by operation of law, title vests solely in DAVID E. CAUTHEN, SRnants with 3. On August 16, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1922, Page 2417. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: .............................. Principal Balance .................. ...................$107,388.46 Interest from 07/01/2006 through 01/31/2007 at 8.9900% .......................$5,766.30 Per Diem interest rate at $26.82 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,369.42 Late Charges from 08/01/2006 to 01/31/2007 .............................................$312.54 Monthly late charge amount at $52.09 Costs of suit and Title Search ...................................................................... Fees $900.00 .............................................................................................................$106.00 Recoverable Balance ......................................................................................$30.00 $119,872.72 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nersonam' jud Defendant in this Action but reserves its right to bring a separate Action to establl sh that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $119,872.72, together with interest at the rate of $26.82, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: 0 LD ECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nancy Jimenez, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. Date: it S'a Nancy Jimene , ore osure Supervisor AMERIQUr 0 GAGE CORPORATI E.,.x.hibit A BORROWER NAME: LOAN NUMBER. 0129121729 - 5697 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Fifth Ward (formerly Fourth Ward) o fthe Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to-wit: On The North by "B" Street; on the Fast by property formerly of Mary J. Beitzel, now of Koser Cornman; on the South by an Alley; and on the West by property formerly of William A. Hoffer, now of Clarence Cline, fronting twenty-five (25) fed on said "B" Strut and extending in depth at an even width one hundred fifty (ISO) feet to the Alley aforesaid, having thereon erected a two-story frame house, chicken house and garage, known as No. 134 "B" Street. Parcel #06-20-1798-100 MM11 000001291217290301901717 LOULTR (WA*) r 6K 1922PG2436 E..x,.hifiit (.B P.O. Box 110N Santa Ana, CA 92711-1M 7182 6389 3060 0898 6833 DAVID E CAUTHEN SR SANDRA L CAUTHEN 134 B STREET CARLISLE, PA 17013 SERVIrrCES M"ORTGAGE"V October 03, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0129121729 Property Address: 134 B STREET, CARLISLE PA, 17013 Leader: AMC Mortgage Services, Inc. Current Lender/Serv=r: AMC Mortgage Service, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is as offieial sotice that the wortaaze as your bole is b ddamit, and the leader intends to foreclose, Specific Information about the nature of the defauk is srovided in the attached vans. _ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMO) may be able to help to save Your home. This Notice explains how the prwran works. Anne -y toll free at 1-ft"2-2397 crsoas with hssaired hearlaz cam call (71717WIS0wsu rrnasee Tbis Notke cwtaims isportamt legal imformatiW If you have any 9aestions, reprraestadves at the Consaner Crcdk Cwnseliag Apeacy may be able to help explain it YOU nay also waat to eoataet on attorney is your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTIN LIAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO Also doing business as Delaware AMC Mortgage Services, Inc., is the states of Texas, Rhode Island, and New Hampshire ARRIBA. PUEDZS SZR ELZGIBLZ PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMZOWNZWS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUZDZ SALVAR SU CASA DE LA PERDIDA DEL DZRZCHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVZ YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF IM Mn "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCZ: = IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, Z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND = IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thinly (30) days from the date of this Notice. Daring that time you most arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE .........- wwn %MUZ= es ror the county in which the Property is h>cated are ad forth at the end of this Noti ce. It is only necessary to schedule one face-to-face meeting. Advise your leader immediately of your intentions. APPLICATION FOR MORTGAGZ ASSISTANCE - Your mortgage is is a default for the reasons set forth later in this Notice (see following pages for specific ieformation about the nature of your defawk.) Vyou have toed and an unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you mast 511 out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling Program and they will assist you in submitting a complete application to the Pennsylvania Hoaxing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-fats meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIM PERIODS SET FORTH IN THIS LZTTZR, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL BE DENIED. AGENCY ACTION - Available fonds for emergency mortgage assistance are very limited. They will be disbursed by the Agency wider the eligi'bi'lity criteria established by the Ad The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your applicatiow October 03, 2006 Loan Number: 0129121729 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emereeney Morteam Aasirtaae, ) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it an to date) NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 134 B STREET, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/06 thin 10/01106 at $868.22 per month Monthly Payments plus late charge or other fees: $2708.84 Total Amount to Care Defnlt: $2708.84 B. YOU HAVE FAMED TO TAKE THE FOLLOWING ACTION (Do not an H not applicable): N/A HOW TO CURE THE DEFAULT -You may core the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2708.84 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mast be made either by cash cashier's check certified check or money order made payable and sent to: AMC Mortgage Services 505 City Parkway West, Sane 4100 Orange, CA 92868 You can core any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not care the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the sortga=e debt. This swans that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fall payment of the total amount past due is not made within THIRTY (30) DAYS, the leader also intends to instruct its attorneys to start legal action to foreclose upon year morteaeed POW IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. N the lender refers your case to its attorneys, but yon core the delinquency before the lender begins legal proceedings against yon, you will still be required to pay the reasonable attorneys fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fen actually incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yaa care the default within the THIRTY (30) DAY period, Yom will mot be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also we you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, yaa ill ha - >. i .? L cure the N or omer charges then due reasonable attorney's fees and costs connected with the oowrMcrn-a rf ' any other requirements under the mort W Caring your deloult is the manner set forth In this notice will restore year mortgage to the same position as if you had sever defadted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffa Sale will be seat to you before the sale. Of course, the amount needed to can the default will increase the longer you wait. You may find out at nay time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 000-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUWTION OF MORTGAGE - You _ mayor R may sot (CHECK ONE) sell or transfer your home to a buyer or transferee who will some the mortgage debt, provided that all the outstanding paymeals, charges and attorney's fees and costa are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: : TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) s TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0129121729 Mailed by 1st Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 ? N V 11 C') -- N C- t co N ?i C 0" [ -. GOLDBECK WCAFFERTY & WKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005- R1 1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 CIVIL ACTION - LAW Defendant(s) PRAECIPE TO REINSTATE COMPLAINT ACTION OF MORTGAGE FORECLOSURE Kindly reinstate the Complaint in the above captioned matter. <?&fjj&Qf;? 457 Wt - By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Term No. 07-138 GOLDBECK, McCAFFERTY & WKEEVER e- ? C°? ,? -ri C?- -°s _; -'T`? ?'T: -r-s t?y2 t?? .-^-' ?; ?'? 7 „'? ? ?'^ r? ..?^ -- t .,r„!, r ? GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-138 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 134 B Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, DAVID E. CAUTHEN SR., is the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant, David E. Cauthen, Sr., is 520 Longs Gap Road, Apt. C, Carlisle, PA, 17013. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant, David E. Cauthen, Sr., at his property address, 134 B Street, Carlisle, PA, 17013, after numerous attempts. The property is vacant, per Sheriff. Service was also attempted at the Defendant's last known address, 520 Longs Gap Road, Apt. C, Carlisle, PA, 17013, without success. Per the Defendant's son-in-law, the Defendant, David E. Cauthen, Sr., lives in Nashville, TN. However, an updated investigative search was conducted and no new addresses for the Defendant, David E. Cauthen, Sr., were found. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, David E. Cauthen, Sr. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, David E. Cauthen, Sr., by posting the premises and certified and regular mail to the Defendant's last known address. BY: David B. Fin, Esq. Affidavit of Good Faith Investigation Client provided information: File Number: AMQ-1551 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Cauthen Subject Name: David E. Cauthen, Sr. Property Address: Street: 134 B Street City: Carlisle State: PA Zip: 17013 Skip Results: Date of Birth: 11 /29/1952 ProVest File Number: 161.292 Last Known Dates: As of 02/11/2007 Street: 134 B Street Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 02/11/2007, the Social Security Administration has no death record on file for David E. Cauthen, Sr.. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for David E. Cauthen, Sr. as 134 B Street, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change. for David E. Cauthen, Sr. from 134 B Street, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information : The County Voters Registration Office has no listing for David E. Cauthen, Sr.. National Postal Address Search: Has no change for David E. Cauthen, Sr. from 134 B Street, Carlisle, PA 17013 Comments: 717-249-7499: Called possible relative, Bryon Fetter, there was no answer. 717-249-4932: Called possible neighbor, Richard Foutz, there was no answer. 717-243-8388: Called possible neighbor, E. Evans, answering machine answered, no message left. On 02/ 11 /2007, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by ProVest. LLC. I have conducted an investigation into the whereabouts of the above named sub'ect. Above are the results of my investigation. _ Subsedberd tend sworn to before me, Aflion Name/ Potti +Gorreri Motory Public Date: 02/11/2007 • "" w' KIM ATTE13ERY ,q 41 Notiwy Pubtk " ' STATE OW TEXAS "4 ;w- CO kn Enp 0912-MOS ? CASE NO: 2007-00138 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CAUTHEN DAVID E SR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CAUTHEN DAVID E SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 134 B STREET CARLISLE, PA 17013 134 B STREET IS VACANT. NOT FOUND , as to CAUTHEN DAVID E SR DEFENDANT IS BELIEVED TO BE LIVING IN NASHVILLE, TN. Sheriff's Costs: So answers- Docketing 18.00 "'- Service 4.40 1=? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.40 GOLDBECK MCCAFFERTY MCKEEVER 02/20/2007 Sworn and Subscribed to before me this day of , A.D. ¦ • CASE NO: 2007-00138 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CAUTHEN DAVID E SR R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CAUTHEN DAVID E SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 520 LONGS GAP ROAD APT C NOT FOUND , as to CAUTHEN DAVID E SR CARLISLE, PA 17013 PER SON IN LAW, DEFENDANT LIVES IN NASHVILLE, TN. Sheriff's Costs: So answers: _:- -- Docketing 18.00 - Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.40 GOLDBECK MCCAFFERTY MCKEEVER 01/12/2007 Sworn and Subscribed to before me this day of , A. D. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-138 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. BY: David B. Fein, sq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868" vs. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 07-138 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, David E. Cauthen, Sr., which the Sheriff has been unable to personally serve upon Defendant, David E. Cauthen, Sr. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, David E. Cauthen, Sr., by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, David B. Fein, sq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Of Cumberland County No. 07-138 CERTIFICATE OF SERVICE David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, David E. Cauthen, Sr., this 14'b day of March 2007, by first class mail, postage prepaid. k W?' BY: David B. Fein, Esq. P4 Y t p ttop NATIONAL COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 07-138 CERTIFICATION PURSUANT TO CUMBERLAND COUNTY RULE NO. 208.3(a) PERTAINING TO PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the defendant to request his concurrence. Respectfully submitted, David Fein, Esquire Attorney I.D. #82628 Goldbeck, McCafferty & McKeever 701 Market Street, Suite 5000 Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff Date: ?/-? -? rn sz r 37P rnnm N J ?; yyCv3 JF• ? ? .Jl+ W SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00138 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CAUTHEN DAVID E SR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CAUTHEN DAVID E SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 520 LONGS GAP ROAD APT C NOT FOUND , as to CAUTHEN DAVID E SR CARLISLE, PA 17013 PER SON IN LAW, DEFENDANT LIVES IN NASHVILLE, TN. Sheriff's Costs: So answers:" Docketing 18.00 Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 317T.4400- GOLDBECK MCCAFFERTY MCKEEVER IJaD0 01/12/2007 Sworn and Subscribed to before me this day of A. D. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 i MAR 19 2007 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY II 07-138 VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 ORDER AND NOW, this 5" day of 4? ,j 2007, upon consideration of the Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith Motion for to ascertain the present whereabouts of Defendant, David E. Cauthen, Sr., has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, David E. Cauthen, Sr., by posting a copy of the Complaint upon the pre Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular in i Defendant's last known address at 520 Longs Gap Road, Apt. C, Carlisle, PA, 17013, and that all legal papers, including but not limited to motions, petitions and rules be made by certified and regular Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil 3129 may be made upon Defendant, David E. Cauthen, Sr., by sending copies of same to Defendant's address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon In endence Center, 701 Market Street, 19106-1532 DAVID E. CAUTHEN SR., 520 Longs Gap Road, Apt., C Carlisle, PA 17013 yes 134 B to the r service of ail to rocedure st known PA- e,,M y.v-r-o7 `3''`` pZ GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-138 PRAECIPE TO REINSTATE COMPLAINT GOLDBECK, McCAFFERTY & McKEEVER 1?7 WC By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ? o A,) O ,Z zJ- A ro G r-z ° o C7 GOLDBECK MCCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 01 MARKET`STRE PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. DAVID E. CAUTHEN SR. Mortgagor(s) 134 B Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE he did serve upon Defendant(s) DAVID E. CAUTHEN SR. a true and correct copy of the above- captioned Complaint by certified and regular mail in accordance with the Court Order dated April 5, 2007. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-138 GOLDBECK MCCAFFEATY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE r? ?7 In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. (Mortgagor(s) and Record Owner(s)) 134 B Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-138 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DAVID E. CAUTHEN SR. by default for want of an Answer. Assess damages as follows: $123,485.67 Debt Interest from 06/06/07 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPEStdays MOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN HE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivere rty aga' t whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at lp ' r to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. Gol Jr. Attorney for Pit nti I.D. #16132 AND NOW aQQ 7- 4Judgment entered in favor of DEUTSCHE BANK NA IONAL TRUST COMPY, AS TRUSTEE OF AMERIQ T TGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UT OOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECagainst DAVID E. CAUTHEN SR. by default for want of an Answer and damages assessed in the sum of $123,485.67 as per the above certification. r .notary AMQ-1551 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DAVID E. CAUTHEN SR 520 Longs Gap Road, Apt., C Carlisle, PA 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. (Mortgagor(s) and Record Owner(s)) 134 B Street Carlisle, PA 17013 Defendant(s) TO: DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 DATE OF THIS NOTICE: May 22, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-138 IMPORTANT NOTICE, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 _70seph :4 Go eck 7z GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 AMQ-1551 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff' VS. DAVID E. CAUTHEN SR. (Mortgagor(s) and Record Owner(s)) 134 B Street Carlisle, PA 17013 Defendant(s) TO: DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 DATE OF THIS NOTICE: : May 22, 2007 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-138 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 C McC AFFER M EVER -OF ER Boseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DAVID E. CAUTHEN SR., is about unknown years of age, that Defendant's last known residence is 520 Longs Gap Road, Apt., C, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or of ise within the provisions of the Soldiers' and Sailors' Civil elief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. (Mortgagor(s) and Record owner(s)) 134 B Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-138 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED S THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING GRE MENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE, and against DAVID E. CA ENS . for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the T ted Stites of America yfrom the date of service of the Complaint, in the sum of $123,485.67. F '17 Joseph A. Goldbeck, Jr. Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence a creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF) MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICA UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEM. RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that t nam s) address(es) of the Defendant(s) is/are DAVID E. CAUTHEN SR., 520 Long Gap Ro d 17013; GOLDBECK MCC BY: Joseph A. Gold eck, Jr. Attorney for Plainti of a judgment qUEST RIES. 2005-R1 l )ER 1, 2005, WITHOUT and last known Apt., C Carl*s , PA McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $107,388.46 Interest from 07/01/2006 through $9,118.80 06/05/2007 Reasonable Attorney's Fee $5,369.42 Late Charges $572.99 Costs of Suit and Title Search $900.00 Fees $106.00 Recoverable Balance $30.00 123,485.67 GOLDBECK McC, BY: Joseph A. Golc Attorney for Plainti AND NOW, this ? L day of JLI.A,'jEs 2007 damages are assesse" McKEEVER ?Z92214e-- Pro rothy ?w u -o (V? V r?R fa r'a G` f O? N Z7- __ j a .-4 Z 33 i LIAR 19 200?Ai{ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 07-138 vs. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 ORDER AND NOW, this -34day of 4a 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, David E. Cauthen, Sr., has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, David E. Cauthen, Sr., by posting a copy of the Complaint upon the premises 134 B Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 520 Longs Gap Road, Apt. C, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, David E. Cauthen, Sr., by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 DAVID E. CAUTHEN SR., 520 Longs Gap Road, Apt., C Carlisle, PA 17013 HUE Wet HE f ,-9 Tseft y whereof, 0 here unto sef rq hand 14 the sea! of said Court at Co", ft Prott?tar?r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. Mortgagor(s) and Record Owner(s) 134 B Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-138 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06/06/07 to Date of Sale at 8.9900% $123,485.67 (Costs to be added) ALL THAT CERTAIN lot of ground situate in the Fifth Ward (formerly Fourth Ward) of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to-wit: On The North by "B" Street; on the East by property formerly of Mary J. Beitzel, now or Koser Cornman; on the South by an Alley; and on the West by property formerly of William A. Hoffer, now or Clarence Cline, fronting twenty-five (25) feet on said "B" Street and extending in depth at an even width one hundred fifty (150) feet to the Alley aforesaid, having thereon erected a two-story frame house, chicken house and garage, known as No. 134 "B" Street. Parcel #06-20-1798-100 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-138 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, WITHOUT RECOURSE, Plaintiff (s) From DAVID E. CUATHEN, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,485.67 L.L. $.50 Interest FROM 6/6/07 TO DATE OF SALE AT 8.9900% Atty's Comm % Atty Paid $219.99 Plaintiff Paid Date: JUNE 6, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Due Prothy $2.00 Other Costs Deputy Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005- R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. DAVID E. CAUTHEN SR. (Mortgagor(s) and Record Owner(s)) 134 B Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-138 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 134 B Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTS/OCCUPANTS 134 B Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the b t of my per Aonal knowledge or information and belief. I understand that false statements herein are made subject to penalties f 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 5, 2007 GOLDBECK MCCAFFE BY: Joseph A. Goldbeck, ., Attorney for Plaintiff C7 l r ' . _ i= . <<+ ` O N L_ i V ? J' s. 07-138 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff Vs. DAVID E. CAUTHEN SR. Mortgagor(s) and Record Owner(s) 134 B Street Carlisle, PA 17013 Defendant(s' , IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-138 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CAUTHEN, SR., DAVID E. DAVID E CAUTHEN SR. 134 B Street Carlisle, PA 17013 Your house at 134 B Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $123,485.67 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 07-138 To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866413-2311 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-138 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1551. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. C) C ^ ?', rj? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00138 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CAUTHEN DAVID E SR 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 CAUTHEN DAVID E SR the DEFENDANT , at 0930:00 HOURS, on the 25th day of April 2007 at 134 B STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 134 B STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE- together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Posting 6.00 Surcharge 10.00 R. Thomas Kline Postage .39 39.19'/104/25/2007 5,11'p GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to 0 By: before me this day De t Sheriff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00138 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CAUTHEN DAVID E SR R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CAUTHEN DAVID E SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT CAUTHEN DAVID E SR 134 B STREET CARLISLE, PA 17013 134 B STREET IS VACANT. DEFENDANT IS BELIEVED TO BE LIVING IN NASHVILLE, TN. Sheriff's Costs: Docketing 18.00 Service 4.40 Not Found 5.00 Surcharge 10.00 .00 3?61?b ? 37.40 So answers-- R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 02/20/2007 Sworn and Subscribed to before me this day of , A. D. GOLDBECK M' cCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, 1R. ATTORNEY I.D. SUITE 5000 - O IN P ND 701 MARKET R PHILADELPHIA, PA 191040v% ik A7 (215) 825-6318 WWW.COLDBECKLAW.CO ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THIS iB 11 TRUE AND CORRECT THE ORIGINAL FILE OF UV-U 1 ?)?-rin 13ANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUF,ST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. DAVID E. CAUTHEN SR. Mortgagor and Real Owner 134 B Street Carlisle, PA 17013 Plaint ff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIC. ACTION: MOR'T(-,mA(3 W0fRFC Q8UM-F ? ithin twenty (20) days after the Complaint sand notice a.? ei. «+, h,iiteritz? a itten or by attorney and filing in writing with tli;-. MArt -)U!' , i vou. You are warned that ifyou fail to du so the case may procced without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS 0; I=ICF CAN PROVIDE YOU `""TH INFORVAT_O AI30!T I :? 5? r R 1-0 # lk'E A LAWS ER, THIS OFFICE NIAY BE AISLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO Kj,IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. '() - 0 i f-- SER`,. (-'I;S INC TRUE ? S tnvfmr 8 lrvinc l uw - Carlisle, PA 17013 A ft swh -fir lk*' Pd 717-243-900 011 f°1`ZI_AND COI,'JTi" BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 --yVISO 1 IIAN DI :,%l '1NDAD0 A USTED EN LA C'OR l "E. SI D[ SEA DEFFNDERSE C'ON I RA LA QtjE-1AS I'FR1 SI-'N-I'ADAS ES ABSOLUTAMENTE NEC F.SSAR10 Qt 'E l_'S-I D Rft"S DES." R?) DL ? D[ `i'1 `ES DE SEI .SFRVIDO (*()N ES"[ DE;MAN''DA ?' AVISO. PARA D1 [ I NDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUI . CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlin{f . PA t -70 ; r r, , ,, x JIN1 { ` Y >"d 1a.'r x? WILL BE USVID r T, I E t't.`#y0S' t)r t : G T?ttt: 1;) F "'. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 t . Call an attorney. For rei?rrals to a qualified attorney call either of the following numbers: 717-243- 2). . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseline. ' V1Srt ?i T ' 'T? t? t ._uiilir ?;"t a i117?f 1 „?)2O i1 II,,k :,, SI)14- Q .l i11Ct1,C aC)UUt 1-U)S N11t1g1L1U11 or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at hom?-:rete:lfion I. Call .lu(,Io, at 215-825-0 3 ") or tax 215-,?25-0429. The figure and/or p 0 o,. F 6uested x'.111 be mai;ed to the address that you requcst or faxed it you leave a messaLe with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-525-6418. Please reference our Attorney File Number of AMQ-1551. Para inlormacion en espanol puede communicarse con Loretta al 215-825-6344. Fhis Action of iNlortgage Foreclosure will continue unless you take action to stop it. MOR1TJ'AnE S 2005-R I 1 UND 1, 2005, WITH( =L TRUST C ,14 L1 1 A? SET BACKED P S 11%QQTJW 1D SERVICING ACRE 9d q?A City Parkway West, Suite 100 Orange, CA 92868. *81 WEST W IES, ECEMDER 2. The names and addresses of the Defendant is DAVID E. CAUTHEN SR., 520 Longs Gap Road, Apt., C, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. SANDRA L. CAUTHEN F/K/A SANDRA L. FETTER died on June 10, 2006 and is hereby released of liability pursuant to Pa.R.C.P. 1144. As Defendants owned the property as Joint Tenants with the Right of Survivorship, by operation of law, title vests solely in DAVID E. CAUTHEN, SR. 3. On August 16, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1922, Page 2417. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recordo, )f Deed- itl tll'. -t. The Property subject to the M?Ir ;;?? , in t. descript 'A" (=Property). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ............................ Interest from 0701!._' f6 cth t+' Per 1)iC111 iriicrest rate at Reasonable Attorney's Fee at 5°ro of Principal Balance as more fully explained in the next numbered paragraph. Late Charges from 08/01/2006 to 01 /31 1/2007 ........................ Monthly late charge amount at $52.09 Costs of-Alt a11d Title Search ............................................. ..... Fees ................................................. ......................................... Recoverable Balance ................................................................ e 1 ()7. 18,q :Jr? ........$5.369.42 ""312.5-1 ................$900.00 ................ S106.00 $30.00 $119,872.72 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorncy's Fccs sct fi:lrth abo\ c nlay be less than the amount demanded based on Nvork actually performed. The Attorney's Fees requested are in cOI_ifo mity ?%ith the Mortgage and PennSy1yania 1a'w. Plaintiff, is entitled to .\t'( r;)eV's tees of up to 5°0 of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $119,872.72, together with interest at the rate of $26.82, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terns of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. ) tii'fi VERIFICATION I, Nancy Jimenez, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 1, -5-0 E...X,hibitA I BORROWER NAME: LOAN NUMBER: 0129121729 - 5697 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Fifth Ward (formerly Fourth Ward) o fthe Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to-wit: On The North by "13" Street; on the East by property formerly of Mary 1. Beitzel, now of Koser Cornman; on the South by an Alley; and on the West by property formerly of William A. Hoffer, now of Clarence Cline, fronting twenty-five (25) feet on said "B" Street and extending in depth at an even width one hundred fifty (150) feet to the Alley aforesaid, having thereon erected a two-story frame house, chicken house and garage, known as No. 134 "B" Street. Parcel 406-20-1798-100 000OO1291217200301501717 LGLX TR 109r 3) v.'{ I f-, ?LCt'bLJG E..x.hibit B P.O. Box 11000 Santa An&, CA 92711-1000 7182 6389 3060 0898 6833 DAVID E CAUTHEN SR SANDRA L CAUTHEN 134 B STREET CARLISLE, PA 17013 !""C MORTGAGE SERVICES October 03, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY k^TIS:y -.?)EBT.THIS 0 7T1Cf; T ; 0 YOIJ IN pia A7'"i t+{'l T' 0 C()' C" FT i,F INDEL'TE?)NFSS REFERRED TO `I 1%NI) ANY I PVC "- t.I FR '),N! Y? li WEl.° ",iv rSFD F^R TlH_bT i"Iv k?OS E. IF YOU H kVF :"Lk kf:(.''EIVED A DISCEA r(6' IN 0,A?NK:RUPTCY, TIES CORRESPONDENCE IS NOT A s D 5140L LD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY z.NFORCF.hIFNT OF A LIFN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender inteads to foreclose. Specific information about the nature of the defauk is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To s•?e if "F MAP czn hcip:moo anon'14F.ET WITH A CONSU 1FR CRFI)IT COI; NSELING AGET;C"Y TN301)AYS !'`.-TF III?S)I?L oetl.ll a-++;'a,ot -"ova you rest tiieh Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance AeenU toll fret at 1-800-342-2397,?Persons with impaired hearing can call (717) 780-1869), s.; ;. .. 'f -T it ',. ?ott d?.a+, +ti*.e s, repr>r ce?t2[ivex at th %aas:;.:., ::. Credit C oucucling Agency may be abie to help elplnin it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer, LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVFENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTF.NGA I?NA TRADUCCION INMEDFTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGEN'C't) SIN CARGOS AL. NUMERO MENC'IONADO Also dc iag business 'as lle?sware AbIC MIortgage Se, 'ices, Inc. , in ice states of Texas, Rhode Island, and New Ham; shire ARRIDA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POX EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1993 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 2 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, : IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND = IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' FXPLAINS HOW TO PRTNG YOUP j r - n , tg i ioca:ed tre set for L t? z. It is only i c k.ss?rr,• to schedule o3:e. "' ur lender ir!rned+ateh Jt roi r 1r•]+uf gli:>. M'FIA CAI ,ON FOR AORTGAGF14,SSISTANCE - Your mortr: ge is in a default for the reasons set fo.:h ?:t ;r in this Notice (see following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to aprly for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOCi MGST i'1.€' ,Ok, 2 APPLICATION x' O'?TPTLY.:r^ "!)Y,' K:? iL TO DO SO YOF I)') FOLLOW T stE GT .Ii:a TINES. PERIOD'S SET k0RTH IN I ""IS LETTER, FOkLCLOStikE NtAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylar '-using F; e,A acy has sixty (FC-) c'avs to make a decision after it receives your - ,dica+:.n Dunr f R ttr no `01`0"J,)-"'!;, •,: f xiU h- r:.;;ucd against you if you have met the time requirements set forth above- You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application- October 03, 2006 Loan Number: 0129121729 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE ll G OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have riled bankruptcy you can still apply for Emergency Mortgage Assistance,) - - HOW TO CURE YOUR MORTGAGE DEFAULT (Drina it au to date), NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 134 B STREET, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/06 thra 10101/06 at $868.22 per month Monthly Payments plus late charge or other fees: $2708.84 Total Amount to Care Default: $2708.84 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2708.84 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either _by-cash cashiei s check. certified check or mom order made payable and sent to: eu 3n : e =.? t3, ;v;lU„i! a tF?si . i c r: A'fS of the are of kola letter `o n a ot use f-t ? : !ic.: YOUD0t I of this Notice the lirad..r inte.at to exercise .45 rights to arceierate the mortgage d.bt. This means that the .xuir outstanding balance of this debt % ill be considered due imanediatety and you may lose the chance to pay the mortgage in monthly in"aliments If full payment of the toil amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon jour mortgaged Wiper 1l- IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you care the delinquency before the lender begins legal proceedings ngainsi you, you will still be r; .iuircd to i=ay the reasonable attorney's fees :hat were a: ruah• mn -s to al ^0. r Iwe. e , i+; gal prh ?su'te .I, ot: x -4 ha--, to y.sy a1 reasonable attorney's tees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yAW_"_rr the dc(&PIt within the THHRTY 3 DAYperiod boa will not be required to pay attorneys fees OTiIF.R ITIcl)FR Rv"kF_.DIF.S -The lender may also cue cou personally for the »ontid principal balance ono ill -., arigage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still havelh_e right to_cure -the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as Specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 500-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. jl- r _ : 14r..1?' _? Ch CT ,k ?)?F?.L'.'i N ^' yF_rRF11 OSij17 PQ r r7 CF, R.. w?T'NS iii ?C%(._ 1, 7 TO ASSERT ANY OTHER DEFENSE YOU BELIE VE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. z TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED ei}' ?n,l} Your=, AMC Mortgage Services Cc: AMC Mortgage Servces Mtn. Coller_tions Department Loan Number: 0129121729 Mailed by 19t Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 NMA 211 North i , ont Street Harrisburg, PA 17110 1-800-342-2397 t-.u . ?" :z ?-' "aJ LGOl ?t GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1551 CF: 01/08/2007 SD: 12/05/2007 $123,485.67 DEUTSCHE BANK NATIONAL TRUST COMPANY, IN THE C OURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS o Cumberland County THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING CI VIL ACTION - LAW AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE ACTION OF MORTGAGE FORECLOSURE 505 City Parkway West Suite 100 Term Orange, CA 92868 No. 07-138 Plaintiff VS. DAVID E. CAUTHEN SR. Mortgagor(s) and a Record Owner(s) f.` C- 134 B Street r ? r Carlisle PA 17013 C r? Defendant(s) o CERTIFICATE OF SERVICE rn PURSUANT TO Pa.R.C.P. 3129.2 c _< Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby ce ifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (cop of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Post 1 return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorne for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant( ) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDE R. Premises was posted by Sheriffs Officeleeetw?i.ali (cop of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of ret urn attached). Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (o ginal receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all 1 enholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of pro fs of mailing attached). The undersigned understands that the statements herein are subject to the enalties provided by 18 P.S. Section 4904. submitted, F?M Jose0h A.`tGoldbeck, Jr. Attorney or Plaintiff r 0 -nq N C5 I a all E 01 lom 00000 I I R W ? yd Y CiaH gLU w` Cpl [A ?. it r- ?LL fl? ? O O N Ol Z0 0(.) L6 .. :. J I.4 $ .r A D r U ? O,V- a 0 1 zmm He U Z W U Z I W R ?w ?i U z , -12 L - .; W$ D_ ^ N O W Z? Z wz WW LL W U 0 go m a m W C S c ? ? g F OOC ?LL z y a} LL W 5 a Ma ° o a y, im v O O i• d L? p j ?• ? d 0 a Z O? 10 CN ie o N C* w Qp 0 u. a O??L W:3 ? ww Q i ?" . a m -E - ? ?Q - ? c??3t3 m' a g?a ` o E mi g?a ow E m ? ic c t 3 a z 1 z? cV ? cM d' l uj cC N- ap I E 0 d `0 .t N ?Q O a N z w U uj a ? a o ?g cv g r- co oo S m N Of O l cli N ?? O a e: V N 04 OQ .y ?gSATJ N 0 i IL ) _ 3 "V i CL a M g E t "3$ o OW6 cS?r_ Z 9 ???? _ a g z z m lu 0 oG a. o vY RE C4 ?m W a I 1 a ?? , Z o s rc , V-i N ri L6 to I IL 0 5 L a s N I ? a 0. g i C 0 U U Ir* 6 i N Z W 2 U L1J a 0 Form 3877 Domestic USPS Firm Mailing Boo Name and Address of Sender: JOSEPH A GOLDBECK JR MELLON INDEPENDENCE CENT Permit Number Sequence Number 1126A 701 MARKET ST STE 5000 PHILADELPHIA, PA 19106 A scent - MAC v7.20.7.20.I -------------------------------------- Piece ID Article Delivery Address -------- SS -------- Fee --------- Postage --------------------------------------- Value Sender Charges Addressee Name ----------------------------- Type Insur./Register Due Total ----- CITX1890CD8-1471114342363000130302. , DREIBELBIES, JR., CHARLES E ------- C -------- 2.65 --------- 0.41 --------------------------------------- 3.91 1249 Edison Avenue RRE 0.85' Sunbury, PA 17801 CITX1890CD8-1471114342363000130319 DREIBELBIES, CAROL M C 2.65 0.41 3.91 1249 Edison Avenue RRE 0.85 Sunbury, PA 17801 AMQ1697TM9-21 71114342363000130326 MEISTER, TOM C 2.65 0.41 3,91 808 Providence Road RRE 0.85 Clifton Heights, PA 19018 AMQ1697TM9-21.71114342363000130333 MEISTER, TOM C 2.65 0.41 3.91 23 Chester Avenue RRE 0.85 Aldan, PA 19018 AM01697AJ9-21 71114342363000130340 THE UNITED STATES OF AMERICA C 2.65 0.41 3.91 615 Chestnut St., Ste. 1250 RRE 0.85 Philadelphia, PA 19106 AM01551DC12-5 71114342363000130357 CAUTHEN, SR., DAVID E. C 2.65 0.41 1 3.91 520 Longs Gap Road, Apt., C RRE 0.85 Carlisle, PA 17013 AMQ1551DC12-5.71114342363000130364 CAUTHEN, SR., DAVID E. C 2.65 0.41 3.91 134 B Street RRE 0.85 Carlisle, PA 17013 AM01130JW9-11 71114342363000130371 WALSH, JOANNE T. C 2.65 0.41 3.91 2735 S. Sheridan Street RRE 0.85 Philadelphia, PA 19148 -------------------------------------------------------------------------------- Page Totals: 8 28.00 3.28 Cumulative Totals: 24 84.00 9.84 Page 3 ------------------------------------- 31.28 93.84 LIAR 19 2007,0 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS IN THE OURT OF COMMON PLEAS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, O Cumberland COUNTY SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West 07-138 Suite 100 Orange, CA 92868 VS. DAVID E. CAUTHEN SR. 134 B Street Carlisle, PA 17013 ORDER AND NOW, this S41 day ofq2z/ 2007, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, David E. Cauthen, Sr., has been ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Foreclosure upon Defendant, David E. Cauthen, Sr., by posting a copy of the Co Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by cerl Defendant's last known address at 520 Longs Gap Road, Apt. C, Carlisle, PA, 17( legal papers, including but not limited to motions, petitions and rules be made by c Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsy 3129 may be made upon Defendant, David E. Cauthen, Sr., by sending copies of s. address by certified and regular mail and by posting the premises. BY THE COURT: Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 19106-1532 DAVID E. CAUTHEN SR., 520 Longs Gap Road, Apt., C Carlisle, PA 17013 F i? e ? A Tolgmonywhereof, i here 114 ow"of saki court at it is, the Complaint in Mortgage upon the premises 134 B and regular mail to the 13, and that all further service of and regular mail to Rule of Civil Procedure to Defendant's last known Street, Philadelphia, PA Hf do set my hm ,ar"I Pa. doy 1) Deutsche Bank National Trust Company, as In the Court of C Trustee of Ameriquest Mortgage Securities, Inc. Cumberland Coi Asset Backed Pass Through Certificates, Series, Writ No. 2007-1 2005-Rl I Under the Pooling and Servicing Agreement Dated as of December 1, 2005, without nurse ?`? David E. Cauthen, Sr. (AW Mark Conklin, Deputy Sheriff, who being duly sworn accord September 20, 2007 at 1040 hours, he served a true copy of the with Description, in the above entitled action, upon the within named deft Cauthen, Sr. by posting the premises located at 134 B Street, Carlisle Pennsylvania with a true and correct copy of the within Real Estate' Description pursuant to order of court. William Cline, Deputy Sheriff, who being duly sworn accorC October 08, 2007 at 1504 hours, he posted a true copy of the within and Description, in the above entitled action, upon the property of D 134 B Street, Carlisle, Cumberland County, Pennsylvania according R. Thomas Kline, Sheriff, who being duly sworn according t above Real Estate Writ, Notice, Poster and Description in the follow mailed a notice of the pendency of the action to the within named de Cauthen, Sr. by regular mail to his last known address of 520 Longs 17013. This letter was mailed under the date of October 17, 2007 ar Office. So Answers: R. Thomas Kline, Sheriff BY :J Real Estatqjka-geant >mmon Pleas of ity, Pennsylvania 8 Civil Term g to law, states that on Real Estate Writ, Notice and dart, to wit: David E. Cumberland County, rit. Notice of Sale and 4g to law, states that on eal Estate Writ, Notice, Poster vid E. Cauthen Sr. located at law. law, states he served the ig manner: The Sheriff -ndant, to wit: David E. lap Rd., Apt. C, Carlisle, PA . never returned to the Sheriffs WLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. Mortgagor(s) and Record Owner(s) 134 B Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS County ACTION - LAW ACTION OF UORTGAGE FORECLOSURE Term No. 07-138 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF A] SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the prat filed the following information concerning the real property located at: 134 B Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ERIQUEST MORTGAGE 2005-R1 l UNDER THE POOLING RECOURSE, Plaintiff in the above cipe for the writ of execution was DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a recor4 lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 FIA CARD SERVICES NA 655 PAPER MILL ROAD WILMINGTON, DE 19884 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lie on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who his any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 COMMONWEALTH OF PENNSYLVANIA DEPARTME NT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTS/OCCUPANTS 134 B Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the be t of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: November 6, 2007 : - <! CK Mc F WB RTY & McKEEVER BY: Joseph A. Goldbec Jr., Esq. Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Ameriquest Mtg Securities Inc Tr is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 138, at the suit of Ameriquest Mtg Securities Inc Tr against David E Cauthen Sr is duly recorded as Instrument Number 200746885. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '2(5 day of Ore r, , A.D. 1.2c)07 -? v Recorder of Deeds RIC"r of Oe#dk l:urnuetw, as GOLH1,y, Carlisle, PA 4YCWMW n E*w tto Fiat Monday of Jan. 2010 Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee of Ameriquest Mortgage Securities, Inc. Cumberland County, Pennsylvania Asset Backed Pass Through Certificates, Series, Writ No. 2007-138 Civil Term 2005-R11 Under the Pooling and Servicing Agreement Dated as of December 1, 2005, without recourse VS David E. Cauthen, Sr. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2007 at 1040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David E. Cauthen, Sr. by posting the premises located at 134 B Street, Carlisle, Cumberland County, Pennsylvania with a true and correct copy of the within Real Estate Writ, Notice of Sale and Description pursuant to order of court. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1504 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David E. Cauthen Sr. located at 134 B Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: David E. Cauthen, Sr. by regular mail to his last known address of 520 Longs Gap Rd., Apt. C, Carlisle, PA 17013. This letter was mailed under the date of October 17, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series, 2005-R1 l Under the Pooling and Servicing Agreement Dated as of December 1, 2005, without recourse. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series, 2005-R1 l Under the Pooling and Servicing Agreement Dated as of December 1, 2005, without recourse, of 505 City Parkway West, Suite 100, Orange, CA 92868, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $876.32. Sheriffs Costs: Docketing $30.00 Poundage 17.14 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 355.00 Patriot News 251.66 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 41.50 $ 876.32 So Answers- R. Thomas Kline, Sheriff BYIJ Real Estate ergeant / ?A' 1,21,401 OA-11-1 dl-- .2. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005- RI l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. DAVID E. CAUTHEN SR. (Mortgagor(s) and Record Owner(s)) 134 B Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-138 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 134 B Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DAVID E. CAUTHEN SR. 520 Longs Gap Road, Apt., C Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTS/OCCUPANTS 134 B Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the b t of my per onal knowledge or information and belief. I understand that false statements herein are made subject to T I penalties f 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 5, 2007 GOLDBECK MCCAFFE BY: Joseph A. Goldbeck, ., Attorney for Plaintiff 07-138 WLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Vs. DAVID E. CAUTHEN SR. Mortgagor(s) and Record Owner(s) 134 B Street Carlisle, PA 17013 Defendant(s, Term No. 07-138 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CAUTHEN, SR., DAVID E. DAVID E CAUTHEN 8R. 134 B Street Carlisle, PA 17013 Your house at 134 B Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $123,485.67 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 07-138 To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1 l UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-413-2311 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r 07-138 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i4goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1551. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot of ground situate in the Fifth Ward (formerly Fourth Ward) of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to-wit: On The North by "B" Street; on the East by property formerly of Mary J. Beitzel, now or Koser Cornman; on the South by an Alley; and on the West by property formerly of William A. Hoffer, now or Clarence Cline, fronting twenty-five (25) feet on said "B" Street and extending in depth at an even width one hundred fifty (150) feet to the Alley aforesaid, having thereon erected a two-story frame house, chicken house and garage, known as No. 134 "B" Street. Parcel #06-20-1798-100 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-138 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-R1I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, WITHOUT RECOURSE, Plaintiff (s) From DAVID E. CUATHEN, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,485.67 L.L. $.50 Interest FROM 6/6/07 TO DATE OF SALE AT 8.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $219.99 Other Costs Plaintiff Paid Date: JUNE 6, 2007 (Seal) lieputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 1 q On August 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 134 B Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 7, 2007 By- _ Real Estate Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: 10/24/07 PA 17013 Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss t4fPatriot News Now you know 10/31/07 11/07/07 MR tNM Ss. 6M?, AFL nW Off" tot of re ma simw the %w ffiftb rydata W44 of rc feassM,te?rie, _ MV0warlb by "B" 9tees. on rhea by, popaty $gpp* of hwy 1. Beite, WW or Yo ff Cmapm; ae the Sob by an Ali? 00 the *0 ?y paogaty h-wiy of A. Had6ei aogr or CLcmco CSae f tweaey- fm.,(? ?det on s+id'?" Shat ao?utesd?m aepdi at a? aria rrlilk oYe tt?sd ?! (i5? fed, % *r Aft ainisriflli; _ wft thsieeie ? slid UITAtI11fN karat!*&Wr}96_tt10 Sworn to y of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Clark. Notary Public City Of Hants xn, Oauphin County My Commftw E)pres June 2, 2008 Member, Pennsylvenle Assoolatton of Notarlet PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 19 Writ No. 2007-138 Civil Li a Marie Coyne, Edi tor Deutsche Bank National Trust / Company, as Trustee of SWO O AND SUBSCRIBED before me this Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through 9 day of November, 2007 Certificates, Series, 2005-R11 Under the Pooling and Servicing Agreement Dated as of December 1, 2005, Without Recourse V Notary S. David E. Cauthen, Sr. Atty.: Joseph Goldbeck DESCRIPTION NOTARIAL SEAL ALL THAT CERTAIN lot of ground DEBORAH A COLLINS situate in the Fifth Ward (formerly Notary Public Fourth Ward) of the Borough of CARLISLE BORO, CUMBERLAND COUNTY Carlisle, County of Cumberland and My Commission ExPires Apr 28, 2010 State of Pennsylvania, bounded and described as follows, to-wit: On The North by "B° Street on the Assignment of Bid NO. 07-138 - CAUTHEN 134 B Street Carlisle, PA 17013 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated December 05, 2007 to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES, 2005-RI I UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMDER 1, 2005, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 GOLDBECK MCCAFFERTY & MCKEEVER Date: December 6, 2007 <Q& JOSEPH A. GOLDBECK, JR.