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HomeMy WebLinkAbout07-1891PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 152177 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152177 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152177 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 152177 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 152177 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/19/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1873, Page: 4534. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 152177 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $114,940.22 Interest $6,175.20 10/01/2006 through 04/04/2007 (Per Diem $33.20) Attorney's Fees $1,250.00 Cumulative Late Charges $722.48 06/19/2004 to 04/04/2007 Cost of Suit and Title Search 750.00 Subtotal $123,837.90 Escrow Credit $0.00 Deficit $68.40 Subtotal 68.40 TOTAL $123,906.30 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees 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. File #: 152177 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 152177 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $123,906.30, together with interest from 04/04/2007 at the rate of $33.20 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 152177 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE CENTER OF THE ENOLA Road LEADING FROM ROUTE 34 AT CARLISLE SPRINGS TO BLOSERVILLE AT CORNER OF LAND OF JOHN A. CLAWSON AND MARY LOU CLAWSON; THENCE BY THE LATTER, North 22 DEGREES 30 MINUTES West (ERRONEOUSLY OMITTED IN PRIOR DEED) 312 FEET, MORE OR LESS, TO AN IRON PIN; THENCE BY LAND OF CHARLES L. MYERS AND WIFE, South 77 DEGREES 15 MINUTES West 150 FEET TO AN IRON PIPE; THENCE BY THE SAME, South 13 DEGREES East 297.2 FEET TO A Railroad SPIKE IN THE CENTER OF THE ENOLA Road; THENCE BY THE CENTER OF THE ENOLA Road, North 77 DEGREES 10 MINUTES East 160 FEET TO A POINT IN THE CENTER OF SAID Road; THENCE BY SAAME, North 79 DEGREES 30 MINUTES East 40 FEET, MORE OR LESS, TO AN IRON PIN, THE PLACE OF BEGINNING. ADDRESS: 3304 ENOLA RD.; CARLISLE, PA 17013 TAX MAP OR PARCEL ID NO.: 14- 04-0383-072 BEING THE SAME PREMISES THE TITLE TO WHICH BECAME VESTED ON THE MORTGAGORS HEREIN BY DEED OF: GRANTOR: HEATHER HETRICK JOINED BY ERIC J HETRICK DEED DATE: 6-19-2004 RECORDED IN COUNTY OF: CUMBERLAND VOLUME: 264 PAGE: 1013 File #: 152177 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: `V cn Crl ? fT'f r C .i C. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse vs. Heather A. Hetrick &Wa Heather A. Hay Eric J. Hetrick Court of Common Pleas Civil Division Cumberland County No. 2007-01891-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Eric J. Hetrick, by first class mail and certified mail to 4 the Defendant's last known addresses, 612 Valley Street, Marysville, PA 17053 and P.O. Box 65, Pratt, KS 67124 and mortgaged premises, 3304 Enola Road, Carlisle, PA 17013, posting of the mortgaged premises, 3304 Enola Road, Carlisle, PA 17013, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Eric J. Hetrick, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 3304 Enola Road, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant does not reside here. 2. The Sheriff of Cumberland County deputized the Sheriff of Perry County in an attempt to serve the Defendant at 612 Valley Street, Marysville, PA 17053. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "B", the Defendant moved from this address. He has a forwarding address of P.O. Box 65, Pratt, KS 67124, but there was no physical address on record. 3. Plaintiff attempted to serve the Defendant, Eric J. Hetrick, via certified mail, return receipt requested at P.O. Box 65, Pratt, KS 67124. Said return receipt was not returned to our office. By way of the United States Postal Service's website (www.usps.com), Plaintiff, by and through its Attorney, was able to track and confirm that certified mail was attempted and notice was left on May 16, 2007. Attached hereto as Exhibit "C" is a copy of the receipt for certified mail and the United States Postal Service's tracking information. 5 4. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of June 7, 2007, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on May 30, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's May 30, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of June 7, 2007 to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, Eric J. Hetrick, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, P l in_an & Schmieg, LLP Daniel G. Schmieg, Esquire Attorneys for Plaintiff June 7, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Heather A. Hetrick No. 2007-01891-Civil Term a/k/a Heather A. Hay Eric J. Hetrick MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 7 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Returns of Service, marked hereto as Exhibit "A" and "B" the Sheriff has been unable to serve the Complaint. As well as the copy of the receipt for certified mail and the United States Postal Service's tracking information marked Exhibit "C", service of the complaint could not be completed. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "D". 8 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, ?. -l?h?lan Ha ' S hmc ieg, P Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: June 7, 2007 9 ,E*bi+ A SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01891 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HETRICK ERIC J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 3304 ENOLA ROAD HETRICK ERIC J CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers• 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 04/19/2007 Sworn and Subscribed to before me this day of A. D. h??'`? a ?x SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HETRICK ERIC J but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 19th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers: Docketing 6.00 ,f Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 04/19/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2007-1891 Cumberland County Deutsche Bank National Trust Co. VS Eric J. Hetrick 612 Valley St. Marysville, PA 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Eric J. Hetrick, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons, for the above named Defendant(s) Eric J. Hetrick, at 612 Valley St. Marysville, PA 17053, NOT FOUND. AS OF ONE WEEK AGO, DEFENDANT MOVED TO KANSAS, ADDRESS UNKOWN. P U--) 6 D?: (0'!]? Sincerely, pca .R-1° s Co w a q (40 41-' -717_ (Qc a- a?ra? Sworn and subscribed to before me this /*?O? day of r i , 2007. Carl E. Nace Sheriff of Perry County NOTARIAL SEAL MARGARET E FLICKINGER, NOTARY PURUC BLOOMFIELD BORO., PERRY COUNTY ARY COMMISSION EXPIRES FEB. 16, 2008 Exhib i+ C ¦ 7160 3901 9849 9379 0944 TO: ERIC J. HETRICK PO BOX 65 1 PRATT, KS 67124 3 j 1 SENDER: JMR REFERENCE: 152177 HETRICK PS Form 3800 Jana 2005 RETURN Postage 49 j RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service i f PO or pt Rece Certified Mai l i No Insurance Coverage Provided e for Intemational Mai N t U D ` o s o ------------------------ l;,-, . ----- ---- LISPS - Track & Confirm Page 1 of 1 TAL SEfV?e Home I Help Track 8, Confirm Track onfirm Search Results Label/Receipt Number: 7160 3901 9849 9379 0944 Status: Delivered Your item was delivered at 9:29 AM on May 16, 2007 in PRATT, KS 67124. Additional Dertails > Return to USPS Cvm Marne > Track & Confirm (E'nnt'err Label/Receipt Number. I Notification options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 1, ®Go> POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright 0 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 5/29/2007 USPS - Track & Confirm Page I of 1 UNITED STATES MZPOSTAL SE14t XEo Home i Help Track & Confirm. Track & Confirm Search Results Label/Receipt Number: 7160 3901 9849 9379 0944 Track ? Detailed Results: -- • Delivered, May 16, 2007, 9:29 am, PRATT, KS 67124 Ent Label/Receipt Number. • Notice Left, May 10, 2007, 8:25 am, PRATT, KS 67124 • Arrival at Unit, May 05, 2007, 6:19 am, PRATT, KS 67124 • Acceptance, May 01, 2007,4:20 pm, PHILADELPHIA, PA 19102 < Back RewuP to USP&c&i? ante > Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. , Go a POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trost Copyright @ 1999-2404 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm I. smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 5/29/2007 EXhtb i tt D FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 152177 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Heather A. Hetrick & Eric J. Hetrick Property Address: 3304 Enola Road, Carlisle, PA 17013 Possible Mailing Address: 612 Valley Street, Marysville, PA 17053 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Heather A. Hetrick - xxx-xx-6764 Eric J. Hetrick - xxx-xx-0902 B. EMPLOYMENT SEARCH Heather A. Hetrick & Eric J. Hetrick - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Heather A. Hetrick & Eric J. Hetrick reside(s) at: 3304 Enola Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Heather A. Hetrick & Eric J. Hetrick. B. On 03-30-07 our office made a telephone call to the phone number (717) 258-5783 and received the following information: disconnected. On 03-30-07 our office made several telephone calls to the phone number (717) 243-0149 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 03-30-07 our office made several phone calls in an attempt to contact David King (717) 249- 0823, 3299 Enola Road, Carlisle, PA 17015: no answer. On 03-30-07 our office made several phone calls in an attempt to contact Karen Kurzendoerfer (717) 243-9571, 3300 Enola Road, Carlisle, PA 17015: no answer. On 03-30-07 our office made a phone call in an attempt to contact William E. Russell (717) 249-9312, 3305 Enola Road, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 3304 Enola Road, Carlisle, PA 17013. On 03-30-07 our office made several phone calls in an attempt to contact Barbara J. Tyre (717) 957- 3614, 603 Valley Street, Marysville, PA 17053: no answer. On 03-30-07 our office made several phone calls in an attempt to contact Richard H. Shumaker (717) 957-4008, 607 Valley Street, Marysville, PA 17053: no answer. On 03-30-07 our office made several phone calls in an attempt to contact R. Richards (717) 957-2374, 609 Valley Street, Marysville, PA 17053: answering machine. IV, ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-30-07 we reviewed the National Address database and found the following information: Heather A. Hetrick & Eric J. Hetrick - 612 Valley Street, Marysville, PA 17053. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 612 Valley Street, Marysville, PA 17053. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Heather A. Hetrick & Eric J. Hetrick. VI. OTHER INQUIRIES A. DEATH RECORDS As of 03-30-07 Vital Records and all public databases have no death record on file for Heather A. Hetrick & Eric J. Hetrick. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Heather A. Hetrick & Eric J Hetrick residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Heather A. Hetrick - 02-01-1971 Eric J. Hetrick - 12-01-1978 B. A.K.A. Heather A. Hetrick-Nllt; Heather A. Hay * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Lny? to unworn falsification to authorities. Sec. 4904 r, 't1 AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 30th day of March, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND E x*ibi f- E .00*10' PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department May 30, 2007 Representing Lenders in Pennsylvania and New Jersey Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 612 Valley Street Marysville, PA 17053 RE: Deutsche Bank National trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick Premises Address: 3304 Enola Road, Carlisle, PA 17013 Cumberland County, No. 2007-01891-Civil Term Dear Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 6, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, C--- C_ Jason Ricco For Daniel G. Schmieg, Esquire 13 I PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Representing Lenders in Service Department Pennsylvania and New Jersey May 30, 2007 Eric J. Hetrick P.O. Box 65 Pratt, KS 67124 RE: Deutsche Bank National trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick Premises Address: 3304 Enola Road, Carlisle, PA 17013 Cumberland County, No. 2007-01891-Civil Term Dear Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 6, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 13 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey May 30, 2007 Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 3304 Enola Road Carlisle, PA 17013 RE: Deutsche Bank National trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick Premises Address: 3304 Enola Road, Carlisle, PA 17013 Cumberland County, No. 2007-01891-Civil Term Dear Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 6, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 13 b o r N Z N r: c ? w p, cn o Q' o ? M n o rr1 ? co ?? ? Z v 0 s .1 r N "C7 V o Uo '••n y O 3 n 0 A ? t0 ? w N ,r, r ? 00 * *z b bCn Q`? wro n (D w a?~,1b? G ? w ro C o CD-t '? n ? ? M ?' ? 0 • >e cC y o y f y to tr v co ?, a cto L (D C) cp 00 N ? ? `o ?. T? ?' t'1i A L 7 n O ^.n ?a O ?+ D b c N y z to o-o ?x .o- BOO o coo O O ? ? ? DID 0 H t (q tD ?. n O EA A O w 0 "o cs ° oo?V°o? CD ..o o ... cD cD ? X n a N coo cno to o r n CA CD CD CA w ? .0 °o aT cl, 2 ,;.J $ 01.05° ,f nU( ?2? 8? vt , ; MAILED FRONT ZIpGOOE 9 ^r] VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, i LLP Darue c ieg, squire Attorney for Plaintiff June 7, 2007 10 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Deutsche Bank National Trust Court of Common Pleas Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse : Civil Division vs. Cumberland County No. 2007-01891-Civil Term Heather A. Hetrick a/k/a Heather A. Hay Eric J. Hetrick CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 3304 Enola Road Carlisle, PA 17013 Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 612 Valley Street Marysville, PA 17053 Eric J. Hetrick P.O. Box 65 Pratt, KS 67124 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phe llinan & Schmieg, LLP By: _.._..,... . , squire Date: June 7, 2007 Attorney for Plaintiff 12 --, ?; _?..? ? 'S ' :=? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEEOF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. HEATHER A. HETRICK A/K/A HEATHER A. HAY ERIC J. HETRICK No. 07-1891-CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P ELAN HALLINA G, LLP By: F NCIS S. HAL AN, ESQUIRE L WRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 7, 2007 /jmr, Svc Dept. File# 152177 ? o s 2 y : E5 CC) O IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay Eric J. Hetrick Civil Division No. 2007-01891-Civil Term ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Eric J. Hetrick, by: Posting of the premises: 3304 Enola Road, Carlisle, PA 17013. woe- ?11E 2 2. First class mail to Eric J. Hetrick at the last known addresses, 612 Valley Street, Marysville, PA 17053 and P.O. Box 65, Pratt, KS 67124, and the mortgaged premises located at 3304 Enola Road, Carlisle, PA 17013; and 3. Certified mail to Eric J. Hetrick at the last known addresses, 612 Valley Street, Marysville, PA 17053 and P.O. Box 65, Pratt, KS 67124 and the mortgaged premises located at 3304 Enola Road, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. BY.-THE COURT: J. Cc: Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 3304 Enola Road Carlisle, PA 17013 Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 612 Valley Street Marysville, PA 17053 Eric J. Hetrick P.O. Box 65 Pratt, KS 67124 3 CJ i •Z 6'1d '1 I N,! T LUO4 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HETRICK HEATHER A AKA HEATHER A HAY AKA HEATHER HETRICK-NLLT the DEFENDANT , at 2005:00 HOURS, on the 11th day of April 2007 at 3304 ENOLA ROAD CARLISLE, PA 17013 by handing to HEATHER HETRICK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 .00 3 4 . 7 2 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/19/2007 PHELAN HALLINAN SCHMIEG By. A'j D uty Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01891 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT , HETRICK ERIC J NOT FOUND , as to 3304 ENOLA ROAD CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 3J2 3/a? So answers* ?--?' 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 ? 21.00 PHELAN HALLINAN SCHMIEG 04/19/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HETRICK HEATHER A AKA HEATHER A HAY AKA HEATHER HETRICK-NLLT but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 19th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Fine Dep Perry County 67.80 Sheriff of mberland County Postage 1.59 ? s?-?310 J 94.39 04/19/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HETRICK ERIC J to wit: but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 19th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers- Docketing 6.00 Out of County .00 Surcharge 10.00 R." Thomas Kline-----_ .00 Sheriff of Cumberland County .00 16.00 ? sl?314-7 , 04/19/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank National Trust Company vs. Heather A. Hetrick et al SERVE: Heather A. Hetrick aka Heather A. Hay. No. 07-1891 civil aka Heather A. Hetrick-Nllt Now April 9, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock ' M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN Deutsche Bank National Trust Co. In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2007-1891 Cumberland County VS Heather A. Hetrick aka Heather A. Hay aka Heather A. Hetrick-hilt 612 Valley St. Marysville, PA 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Heather A. Hetrick, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons, for the above named Defendant(s) Heather A. Hetrick, at 612 Valley St. Marysville, PA 17053, NOT FOUND. DEFENDANT IS SUPPOSED TO BE LIVING AT 3304 ENOLA RD. CARLISLE, PA 17013 Sincerely, Sworn and subscribed to before me this /7?`1day of r; , 2007. 4 Carl E. Nace Sheriff of Perry County NOTARIAL SEAL MARGARET F FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank National Trust Ccmpany VS. Heather A. Hetrick et al SERVE : Eric J . Hetrick No. 0771891 civil Now, April 9, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at o'clock ' M. served the within upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original So answers, the contents thereof. Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN Deutsche Bank National Trust Co. VS Eric J. Hetrick 612 Valley St. Marysville, PA 17053 In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2007-1891 Cumberland County Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Eric J. Hetrick, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons, for the above named Defendant(s) Eric J. Hetrick, at 612 Valley St. Marysville, PA 17053, NOT FOUND. AS OF ONE WEEK AGO, DEFENDANT MOVED TO KANSAS, ADDRESS UNKOWN. p 0 6 aX OS Sincerely, pcd t? ' t?s ?r X-4e Sworn and subscribed to before me this /-M day of , ( 12007. Aar' r NOTARIAL SEAL ARET E FLICKINGER, NOTARY PUBLIC 0 BORO., PERRY COUNTY OOMF1EL OMMISSION EXPIRES FEB. 16, 2008 E:F, Carl E. Nace Sheriff of Perry County PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff VS. HEATHER A. HETRICK A/K/A HEATHER A. HAY ERIC J. HETRICK Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County : No. 07-1891-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: July 6, 2007 PHELAN HALL SCHMIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 152177 ?'r Q 1 y ON 0 -ym ri V o Dr3 ' a w} -G 0 PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, without recourse Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY VS. Heather A. Hetrick a/k/a Heather A. Hay Eric J. Hetrick : NO. 07-1891 -Civil Term Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Eric J. Hetrick at 3304 Enola Road, Carlisle, PA 17013, 612 Valley Street, Marysville, PA 17053 and PO Box 65, Pratt, KS 67124 on July 6, 2007, in accordance with the Order of Court dated June 14, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: July 6, 2007 F CIS S. HALLINAN, ESQUIRE Attorney for Plaintiff c A - -n rte T ; ? G? ti SHERIFF'S RETURN - REGULAR CASE NO: 2007-01891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon W'PrrRTrV RRTr J the DEFENDANT , at 1535:00 HOURS, on the 12th day of July , 2007 at 3304 ENOLA ROAD CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Posting 6.00 Surcharge 10.00 .00 7/d y/o T 91 ? 40.72 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/13/2007 PHELAN HALLINAN SCHMIEG By: t A. D. Y .0 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Vs. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Court Of Common Pleas : Civil Division : CUMBERLAND County : No. 07-1891- CIVIL TERM I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated JUNE 15, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THF. SENTINEL on JI TT .Y 12, 2 07 and CUMBERLAND COUNTY LAW JOURNAL on T[ Tf • , 20122. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to Date: August 3, 2007 s S. Hallinan, Esquire .e PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tuly 12, 2007 COPY OF NOTICE OF PUBLICATION ACTION 0 tttkNtTGAGE FORECL08URE f Oi THE COUNT OF CCllM11111" MY lr ; iItRNN:itLfAAiiRA {B1St71+?$y1B1F?1M ?AW< . T?tCbMiMfplltF COURT OF40MAORPLEAffi: edPiar eiwLwvrSio>r_ ;;??2i?44RB. I?ANDO£?IN7Y 1 as oiAL*M , 2004, M rico4lps NO. 07-1891-CIA Term Va. MM Er r7?r1wrw?w?ritrlriwi?iN?ther A? tleyr l?Hst?iiik Tb &ie J. He1ltslc ?4?1 1 s that ortP1aiAlkQ*utsd*MMkN T+411st ONAW* aft of'Am+riqusst pr aye Securitles, Inc., A39et-Batk9dPA s 2004•Rd, Under 9w Pooling and Serv cirq Alpaemem ilfiont nkWArM, tiled a ForeckpW pdc dIY° 1 O6n of cot Kil6n Perm te-ffb. p7?2E9t?rll Tartu. x Oak il law. You ate hot ooY11144W Flead to the above G 6igUint on or before 20 dais from f d1Rt? of this publication or a Judgment will be entered against you, vas - s;: N you w(stf tb d"4111, YOU must enter a wrfpen appearance or and Me your defenses or ob}gctI6r* in wftV wkh Vw court wa 9 O!taate do so om oast maepmesed w yit *M a lldgrn wdww d" raile- You bflliie MW bee rnon? er W other t?pf?s YOU SHOt16D T Ni3 NC1TiCCrTC YOt)fl- RATAW-E. tF' YOU ©O*OT HAVE A LAS, GO TO OA-TELEPHONftT' W! SFHM SET FOPM4 BELOW. 1T,,HHI?IS'' OFFICE CAN-PROVIDE YOU WITH INFORMATIMAIISOUT HHi04 A IF 1fO(J Ck1iNt91 i? C1 1 t TO HIRE A LAWYER, THWOFFIGE MAY BE ABLE TO VIDE YOU WJTH 1 CyWT M A13OUT AGENCES THAT MAY OFFER ML TO WI LEPERSONS ATAAES)WED FEE OR NO FEE. CU'Mr "ALANO COUNTY kA%W CUµ S{ ANpOEi78#6ATIEIN GARLAIrEalAtx?lS,c ts00poa0?t3s Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 12th, day of July, 2007. /41, - Notary Pub My commission expires: ' (// /UK COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdte, Nob" PL"IC Carlisle Boro, Culrttberkv%I County My Cormirission Fapirm Sept 1.21)08 Member, Pennsylvania Association Of Notaries r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 13, 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. SW TO AND SUBSCRIBED before me this Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubft CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 13 day of July, 2007 v i;j A . CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-1891-Civil Term Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay Eric J. Hetrick NOTICE To Eric J. Hetrick: You are hereby notified that on April 5, 2007, Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004- R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, without recourse, filed a Mort- gage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 07-1891-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 3304 Enola Road, Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 July 13 19 O b ' ; ? '• v ?'3 -. .J , ?'' _ _ ' G ?? CYi ,?? . 1 I?- ?J -'' ? t: ? ? ' ' ?'- ra ? ? ? }' C 3 r?7 "?' C..) A ? ? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-118, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 10801 6TH STREET, SUITE 130 RANCHO CUCAMONGA, CA 91730 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT and ERIC J. HETRICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $123,906.30 Interest from 04/05/07 to 09/20/07 $5,610.80 TOTAL $129,517.10 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMI ,ESQUIRE Attorney for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P, O PROTHY 152177 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 10801 6TH STREET, SUITE 130 Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT is over 18 years of age and resides at, 3304 ENOLA ROAD, CARLISLE, PA 17013. (c) that defendant ERIC J. HETRICK is over 18 years of age, and resides at, 3304 ENOLA ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AAL DANIEL G. SCHMIE ESQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION :CUMBERLAND COUNTY : NO. 07-1891 CIVIL TERM Vs. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants TO: ERIC J. HETRICK P.O. BOX 65 PRATT, KS 67124 DATE OF NOTICE: AUGUST 3, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 h °wtl A S. HALLMAN, ESQUIRE for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 151 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-1891 CIVIL TERM Vs. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants TO: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT 3304 ENOLA ROAD CARLISLE, PA 17013 DATE OF NOTICE: AlJG1IST 3, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ` CUMBERLAND COUNTY BAR ASSOCIAT t Iji 32 SOUTH BEDFORD STREET ??,,, CARLISLE, PA 17013 (800)990-9108 II S. HALLINAN, ESQUIRE for Plaintiff • PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Itti DANIEL G. SCHMIEkF , ESQUIRE Attorney for Plaintiff ? -. OC! ? 1S _ .. rys (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 10801 6TH STREET, SUITE 130 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on .,( . , 20017 . By 5 DCB If you have any questions concerning this matter, please contact: DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." t? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). No. 07-1891-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/20/07 to MARCH 5, 2008 (per diem -$21.29) Add'1 Costs TOTAL $129,517.10 $3,555.43 and Costs $2,839.96 $135,912.49 DANIEL G. SCHMIEG,SQUIRE One Penn Center at Su ban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 152177 w? ?xw o 'z H ? V A va a? aw?HaSd? z dw?u?va'po ow c?wdN??? w ,..pV p,,tnpd? w dW? o? dH?p? GO ?,;OU?,??AF+ U d ?pwaH pGA A??Ndp'z? U? cUi1pd.?,??we? V ,. E?''A w wxWH d ?? A d~ U U n 6' „Wc ? O rb (? a U W x d W H w d V W x? dw x d U x d w d O s. w? O y H c iw bA i a? V a w en O r pd.. W U ? a a?i W 0 0 I d eMn .? 00 -1 1 a? d N J i ? , DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-118, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3304 ENOLA ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HEATHER A. HETRICK 3304 ENOLA ROAD A/K/A HEATHER A. HAY CARLISLE, PA 17013 A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Deutsche Bank National Trust Company 505 City Parkway West Orange, CA 92868 t r 4. Name and address of last recorded holder of every mortgage of record: Name PHFA Last Known Address (if address cannot be reasonably ascertained, please indicate) 211 North Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 3304 ENOLA ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn lsification to authorities. September 20, 2007 4&a DATE DANIEL G. SCHMIEG DIRE Attorney for Plaintiff r-> a 7 ? ?_.., '? ? .?' ?'"' s? ?' ---? r ?.. s,? - ?y-a ?-:` ,? . ??. ?. ? .1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-118, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). CUMBERLAND COUNTY No. 07-1891-CIVIL TERM September 20, 2007 TO: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT 3304 ENOLA ROAD CARLISLE, PA 17013 ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 3304 ENOLA ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,517.10 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TITLE REPORT ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE CENTER OF THE ENOLA Road LEADING FROM ROUTE 34 AT CARLISLE SPRINGS TO BLOSERVILLE AT CORNER OF LAND OF JOHN A. CLAWSON AND MARY LOU CLAWSON; THENCE BY THE LATTER, North 22 DEGREES 30 MINUTES West (ERRONEOUSLY OMITTED IN PRIOR DEED) 312 FEET, MORE OR LESS, TO AN IRON PIN; THENCE BY LAND OF CHARLES L. MYERS AND WIFE, South 77 DEGREES 15 MINUTES West 150 FEET TO AN IRON PIPE; THENCE BY THE SAME, South 13 DEGREES East 297.2 FEET TO A Railroad SPIKE IN THE CENTER OF THE ENOLA Road; THENCE BY THE CENTER OF THE ENOLA Road, North 77 DEGREES 10 MINUTES East 160 FEET TO A POINT IN THE CENTER OF SAID Road; THENCE BY SAAME, North 79 DEGREES 30 MINUTES East 40 FEET, MORE OR LESS, TO AN IRON PIN, THE PLACE OF BEGINNING. ADDRESS: 3304 ENOLA RD, CARLISLE, PA 17013 TAX MAP OR PARCEL ID NO.: 14-04-0383-072 TITLE TO SAID PREMISES IS VESTED IN Heather A. Hetrick and Eric J. Hetrick, wife and husband, by Deed from Heather A. Hetrick, joined by and Eric J. Hetrick, her husband , dated 06119/2004, recorded 07/16/2004, in Deed Book 264, page 1013. .-IN WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1891 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 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 8/01/04, without recourse, Plaintiff (s) From HEATHER A. HETRICK a/k/a HEATHER A. HAY a/k/a HEATHER A. HETRICK-NLLT & ERIC J. HETRICK (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 $129,517.10 L.L. $.50 Interest from 9/20/07 to 3/05/08 (per diem - $21.29) -- $3,555.43 Atty's Comm % Due Prothy $2.00 Atty Paid $345.83 Plaintiff Paid Other Costs$2,839.96 Date: 9/26/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE " e. C is R. Long, Prothon ry By: A. t_ Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK ... DEFENDANT(S) HEATHER A. HETRICK ERIC J. HETRICK SERVE: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT AT: 3304 ENOLA ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07-1891-CIVIL TERM ACCT. #152177 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to.. %PrrU." A, VA G-mgtCle A, Defendant, on the 04(k day of 0=66;P_ , 200- at 9:45 , o'clock ?.m., at -33§4 F IU6 t t? Z" (?" U S t-? -T? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 0 S Height ?3" Weight 06 Race W Sex _F_ Other 1, Pali" kto u- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this /0 day of 94tat'F 200n Notary: ?., QMfV, OWN Pik a PLEAS ATTE!NPT"S? AT LEAST3-Tl'MES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2"d Attempt: / L _Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of _)200- Notary: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 2? LL 3 C`7 rw ? ? O ?; ? s t ?;" ?? .? t?' ° n' :?Q- ti -== ?. ? ? `-1 ?, C.? ?? ?? ? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST CUMBERLAND COUNTY MORTGAGE SECURITIES, INC., ASSET- COURT OF COMMON PLEAS BACKED PASS THROUGH CERTIFICATES, SERIES 2004-118, UNDER THE POOLING CIVIL DIVISION AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE NO. 07-1891-CIVIL TERM Plaintiff, : V. HEATHER A. HETRICK A/K/A HEATHER A. HAY ERIC J. HETRICK Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ERIC J. HETRICK on SEPTEMBER 26, 2007 at 3304 ENOLA ROAD, CARLISLE, PA 17013 & 612 VALLEY STREET, MARYSVILLE, PA 17053 & P.O. BOX 65, PRATT, KS 67124 in accordance with the Order of Court dated JUNE 14, 2007. The property was posted on OCTOBER 16, 2007. Publication was advertised in THE SENTINEL on OCTOBER 19, 2007 & in CUMBERLAND LAW JOURNAL on OCTOBER 19, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN LINAN & SCHMIEG, LLP By: E DANIEL G. HM G, ESQUIRE Dated: November 8, 2007 7?bQ ?9D1 9b4? =87??4 ?79? _. TO: ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 SENDER: TEAM4/SZF REFE 2177 AIGE PS Form 3800 .lammy 2006 RETURN PO$tikge RECEIPT Cerow Fee SERVICE Retum Receipt Fee Restrlotad Uenvery Total Postage 6 Fees US Postal Seri" Receipt for Certified Mail No Morena Caw" PmV1ded Do Not Use for International Man SENDER: TEAM4/SZF REFEREpW02177 PAIGE i PS Form 3800, J MON 2WtODS' - RETURN RECEIPT r=pAtm Fee 1 SERVICE Fee Total Postage & Fees I S DAT 9'°., '` ? i US Postal Service z Receipt for Q 07 ago N , Certified Mail y. No Insurance Coverage Prarided US. 1 Do Not Use tot k+temaUonal Man 71 3901 9849 6779 W7 T0: ERIC J. HETRICK P.O. BOX 65 PRATT, KS 67124 i I RETURN rost"s RECEIPT Certified Fee SERVICE Return Receipt Fee .41 OR OrCiE ?? nom:' _..... ' . Restricted DMyery Total Postage & Fees US Postal Service Receipt for ptiil a j Certified Mail No kw"rm Cmvm" Provided Do Not Use for International Man S'ps ?IA11 S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement dated as of August 1, 2004, Without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay Eric J. Hetrick Civil Division No. 2007-01891-Civil Term ORDER AND NOW, this LI '*'-- day of , 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Eric J. Hetrick, by: 1. Posting of the premises: 3304 Enola Road, Carlisle, PA 17013. 2 2. First class mail to Eric J. Hetrick at the last known addresses, 612 Valley Street, Marysville, PA 17053 and P.O. Box 65, Pratt, KS 67124, and the mortgaged premises located at 3304 Enola Road, Carlisle, PA 17013; and 3. Certified mail to Eric J. Hetrick at the last known addresses, 612 Valley Street, Marysville, PA 17053 and P.O. Box 65, Pratt, KS 67124 and the mortgaged premises located at 3304 Enola Road, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. B J. Cc: Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 3304 Enola Road Carlisle, PA 17013 Heather A. Hetrick a/k/a Heather A. Hay and Eric J. Hetrick 612 Valley Street Marysville, PA 17053 Eric J. Hetrick P.O. Box 65 Pratt, KS 67124 THE OOPY FROM RGOM Todkeony WhWW, t hero t llt MY h04 e set, of acid . Pr. PrdTheat?rv 3 AFFIDAVIT OF SERVICE: PLAINTIFF DEUTSCHE BANK ... DEFENDANT(S) HEATHER A. HETRICK ERIC J. RETRICK "Pleust post premises with Notice of Sheriffs Sale per court order** AT: 3304 ENOLA ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-1891-CFV'IL TERM ACCT. #152177 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 SERVED ??l'1' ? • ?T2lcK Served and made known to e- , QT 12 tCIG , Defendant, on the day of 200-1, W _. : l O „_, o'clock Comrnonwealth of Pennsylvania, in the manner described below: Defendant personally servod. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. _ an officer of said Defendant(s)'s company. =Other: 03TF-D MtSisS W11% NoTICL Or- SJ+64%Ff'S 5AGE Description: Age Height Weight .„•„_ Mace Sex Other I, (l IJI 0 LL , a competent adult, being duly sworn according to law, depose and state that I personally MAW e a true and correct copy of the otiee of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub cribcd before me this 1?li tf, . KY, Gcv ?' °t, M 2 f1 0j SE A''')t El EST 3 TIMES. INDICATE DATES & TIMES OF SERVICL A'1"('ImPTED. NOT SERVED On the day of , 200 at o'clock _.m., Defendant NOT FOUND because: - Moved Unknown No Answer Vacant I:t Attempt: J / Time: 3rd Attempt: Timer Sworn to and subscribed before me this day of 200. Notary: 2e° Attempt; / / Time: Attornev for Plaintiff DANIEL C. SCHMIRG, Es4uire - I.U. No. 62205 One Penn Center at Suburban Station, Suite 1400 13y: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 iL.' Z5/6V 39VJ 83AVE1 N3A t6Zb9Z5699 Zb :9L L00Z/51101 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th., 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) October 19, 2007 COPY OF NOTICE OF PUBLICATION F 1 aal, a *??.?+as+? n?cwr? Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ,?OMW)A &q"& >t. Sworn to and subscribed before me this ` 01 23rd day of October, 2007. t MWV -9Pio* - x?y t Notary Pub 4 1 WK L My commission expires: q?l COMMONWEALTH OF PENNSYLVANIA NotaM Seed Chnstina L. WoUe, Notary Pubic Cadisle Boro, CutnbatM CountY My Cow Expires Sept.1,2008 Member, Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF 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 19, 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. e,_---- - ; 4, (-'L#Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 19 day of October, 2007 Notary NOTARIAL SEAL MORAN A COLLINS Notary PUb0c CARLISLE BORO, CUMBERLAND COUNiy My Commission ExpUes Apr 2d, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 2007-01891 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-R8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 8/1/04 WITHOUT RECOURSE VS. HEATHER A. HETRICK a/k/a HEATHER A. HAY, ERIC J. HETRICK NOTICE TO: ERIC J. HETRICK NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 3304 ENOLA ROAD, CARLISLE, PA 17013 is scheduled to be sold at Sheriff's Sale on Wednes- day, MARCH 5, 2008 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judg- ment of $127,517.10, obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF AMERIQUEST MORTGAGE SECURI- TIES, INC. ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-R8 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 8/l/04 WITHOUT RECOURSE (the mortgagee). ALL THAT CERTAIN tract of land with the improvements thereon erect- ed situated in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: Beginning at an iron pin in the center of the Enola Road leading from Route 34 at Carlisle Springs to Bloserville at corner of land of John A. Clawson and Mary Lou Clawson; thence by the latter, North 22 degrees 30 minutes West (erroneously omit- ted in prior deed) 312 feet, more or less, to an iron pin; thence by land of Charles L. Myers and wife, South 77 degrees 15 minutes West 150 feet to an iron pipe; thence by the same, South 13 degrees East 297.2 feet to a railroad spike in the center of the Enola Road; thence by the center of the Enola Road, North 77 degrees 10 minutes East 160 feet to a point in the center of said road; thence by same, North 79 degrees 30 minutes East 40 feet, more or less, to an iron pin, the place of beginning. TAX MAP OR PARCEL ID NO.: 14-04-0383-072. TITLE TO SAID PREMISES IS VESTED IN Heather A. Hetrick and Eric J. Hetrick, wife and husband, by Deed from Heather A. Hetrick, joined by and Eric J. Hetrick, her husband, dated 06/19/2004, re- corded 07/16/2004, in Deed Book 264, page 1013. Being Premises 3304 ENOLA ROAD, CARLISLE, PA 17013. Improvements consist of residen- tial property. Sold as the property of HEATHER A. HETRICK a/k/a HEATHER A. HAY & ERIC J. HETRICK. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on APRIL 7, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 14 CUMBERLAND LAW JOURNAL 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Oct. 19 15 ? p ?'^ -7 ? ??? ? -.. t ?a t"'3 C ? ? .J :.? ? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,3304 ENOLA ROAD, CARLISLE, PA 17013. 1. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. O ? Janugry 29, 2008 DATE DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 3304 RNOLA ROAn CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. A?L - O 4"- DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff Date: Tan iary?9, 7008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahs -n of a r presen A iv of the plaintiff at the Sheriff's Sal The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 152177 'a a .? ^o? Qo a? a 'ia7 L. . j Q I-act F d 1 • a 8 ? ? 8 epcsc oQ 2 s?O?a?z'' :?• ` i ? ??aa71b 8 4/?? O ?Q (y . TR 10 'VIP 1 O ? ffiiF]]r in 1--N •? a -g ? W. m o W U s' > R ' u 4, Q $ N LL O of ,@ F o Lo ^ o x y . aa ?4 w 04 ? ' ..: > S U o$ CL o > O G4 ?d' cat ? papy? 10 F-•? :? = U rA as 2 2 O a M 4 30 ci o LE c a cv ? v ... 4 rA C4 ..a o Y z .., Z o i fa U E-' UNo It OO. a U a o? r E z N M ?! v1 ?O n 00 O "" N M e} wl F 1? N c? Ci CD :? C.J'1 a7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff VS. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants No. 07-1891-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on April 5, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 26, 2007 in the amount of $129,517.10. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Properly is listed for Sheriffs Sale on June 11, 2008. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $114,940.22 Interest Through June 11, 2008 $21,429.57 Per Diem $32.75 Late Charges $1,470.74 Legal fees $1,985.00 Cost of Suit and Title $2,503.73 Sheriffs Sale Costs $0.00 Property Inspections $189.00 Appraisal/Brokers Price Opinion $535.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,746.33 TOTAL $144,799.59 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 6, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Guido entered an order for special service dated June 14, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 61 0 B 0 M]Bjradforh, LP Attorney for Plain tiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff VS. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-1891-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE HEATHER A. HETRICK A/KJA HEATHER A. HAY AJKJA HEATHER A. HETRICK- NLLT and ERIC J. HETRICK executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3304 ENOLA ROAD, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping C_enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P e i S ieg, LLP DATE: B is ele M. radfor squire Attorney for Plaintiff Exhibit "A" r c) n';> 0 C7 c- -T7 v; PHE LAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 152177 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff V. HEATHER A. HETRICK AWA HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY ()JAW FITS RN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 1 f-? .t W18 hereuy %;eriny the vftln tO be a true and °na filed of a ord File H 152177 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152177 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File N: 152177 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fite K: 152177 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described 3. On 06/19/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1873, Page: 4534. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File P 152177 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage:' Principal Balance $114,940.22 Interest $6,175.20 10/01/2006 through 04/04/2007 (Per Diem $33.20) Attorney's Fees $1,250.00 Cumulative Late Charges $722.48 06/19/2004 to 04/04/2007 Cost of Suit and Title Search $750.00 Subtotal $123,837.90 Escrow Credit $0.00 Deficit $68.40 Subtotal 68.40 TOTAL $123,906.30 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 reserves its right to collect attorney's fees 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. Pile N: 152177 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law.' 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File H: 152177 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $123,906.30, together with interest from 04/04/2007 at the rate of $33.20 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCI MIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4: 152177 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN LOWER FR.ANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE CENTER OF THE ENOLA Road LEADING FROM ROUTE 34 AT CARLISLE SPRINGS TO BLOSERVILLE AT CORNER OF LAND OF JOHN A. CLAWSON AND MARY LOU CLAWSON; THENCE BY THE LATTER, North 22 DEGREES 30 MINUTES West (ERRONEOUSLY OMITTED IN PRIOR DEED) 312 FEET, MORE OR LESS, TO AN IRON PIN; THENCE BY LAND OF CHARLES L. MYERS AND WIFE, South 77 DEGREES 15 MINUTES West 150 FEET TO AN IRON PIPE; THENCE BY THE SAME, South 13 DEGREES East 297.2'FEET TO A Railroad SPIKE IN THE CENTER OF THE ENOLA Road; THENCE BY THE CENTER OF THE ENOLA Road, North 77 DEGREES 10 MINUTES East 160 FEET TO A POINT IN THE CENTER OF SAID Road; THENCE BY SAAME, North 79 DEGREES 30 MINUTES East 40 FEET, MORE OR LESS, TO AN IRON PIN, THE PLACE OF BEGINNING. ADDRESS: 3304 ENOLA RD.; CARLISLE, PA 17013 TAX MAP OR PARCEL ID NO.: 14- 04-0383-072 BEING THE SAME PREMISES THE TITLE TO WHICH BECAME VESTED ON THE MORTGAGORS HEREIN BY DEED OF: GRANTOR: HEATHER HETRICK JOINED BY ERIC J HETRICK DEED DATE: 6-19-2004 RECORDED IN COUNTY OF: CUMBERLAND VOLUME: 264 PAGE: 1013 File #: 152177 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ?))&"L- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ` q Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (,15) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. 108016TH STREET, SUITE 130 RANCHO CUCAMONGA, CA 91730 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK y f 3304 ENOLA ROAD CARLISLE, PA 17013 , = - Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE N CZ) n b ANSWER AND ASSESSMENT OF DAMAGES t TO THE PROTHONOTARY: `J et Kindly enter an in rem judgment in favor of the Plaintiff and against HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT and ERIC J. HETRICK, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $123,906.30 Interest from 04/05/07 to 09/20/07 $5,610.80 TOTAL $129,517.10 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SC , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ," ` x O PROTHY ?iG@ 152177 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 6, 2008 HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. vs. HEATHER A. HETRICK, A/K/A HEATHER A. HAY, A/K/A HEATHER A. HETRICK-NLLT and ERIC J. HETRICK Premises Address: 3304 ENOLA ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-1891-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 11, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 1 yours Mic el M. Brad r squire For Phelan Hallinan & Schmieg, LLP Enclosure C) 0 v a w U In ol? z Q n. ,o 00 ?o v U fl ci -o Oa ? L C hy ? $bcn zQ0 ao C! EO K' E° _ v E cw'd$ Z O U V) E C V GL E 5? CV ' A £0 461 3000dIZ A 031 to c w 8002 902IYA Zb0 E W2 53M39 A3NLd r? •` ... gg E C? u c Or ??? Q L v u E p u ? z " a > r W w ? O 7 Y .- u a v " x Cl o u ? n a -zz ?{I [ . ? x U x o w G ,n c w , dry dE-? o°orz? ?o=EVI U .? 1?"' x W N 0 N M 'v C o u - 6 U u c ?? ywa ? x Q x ^ d Q? Q N ? O H U E~ U o w x? ? xW ;, b ¢ ? Q x a ' ' o U €a y U n `? M a° W A-a U W W o V Qf) a "o ?y b W - W) .a W. W a z z x ¢ ? x c xU!y`} xUv? F"' C7G Q E e 7 o ? z WWO xxx WWQ xx? o? Ha i z N U ? .y [Ja C u h w .? v z„ . a N M ?1 h %0 h 00 O1 N ?° VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: A r ru'ces- By: e MBradtordl, LLP he Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff VS. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-1891-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 DATE: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 612 VALLEY STREET MARYSVILLE, PA 17053 Micle 1 ' kcieg, LLP By C radfordquire ttorney for Plaintiff w c"± t;? :? m: ?- -::--? .? :? ---? ?? °°' -, -- ° i"? .?~ !! 4„ J ' -?? .,r ? .{ ?( ? ? ./ 9k ? y , _ ., ti W ' ? 3 V .. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK MAR 17 2008 4 Court of Common Pleas Civil Division CUMBERLAND County No. 07-1891-CIVIL TERM Defendants RULE AND NOW, this A day of / ZJ\2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the / day of 2008, at 1,340A.in tom, Mat,, w CA-01." Courtroom of the Cumberland County Courthouse, HwTisbwg, PWT ,,?C_>4- J. *1_3 ? tt a? ?4 Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforda.fedphe.com HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 612 VALLEY STREET MARYSVILLE, PA 17053 152177 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff vs. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of April 17, 2008 was sent to the following individual on the date indicated below. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 DATE: 0101) . By: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 612 VALLEY STREET MARYSVILLE, PA 17053 Michele M. Bradford, Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 07-1891-CIVIL TERM LLP r^-? rv - CD = I MAR r 7 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff vs. HEATHER A. HE"TRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-1891-CIVIL TERM ORDER AND NOW, this-/ day of Arl0koi , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $114,940.22 Interest Through June 11, 2008 $21,429.57 Per Diem $32.75 Late Charges $1,470.74 Legal fees $1,985.00 Cost of Suit and Title $2,503.73 i Sheriffs Sale Costs $0.00 Property Inspections $189.00 Appraisal/Brokers Price Opinion $535.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,746.33 TOTAL $144,799.59 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. figure. Sheriffs commission is not included in the above T J. /chele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 "TEL: (215) 563-7000 FAX: (215) 563-3459 inicheIe.bradfordnfedphe corn /EATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 J XEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 612 VALLEY STREET MARYSVILLE, PA 17053 152177 ry r~I .. ? ???? W i+) r? m ^y' ao W D ?N~ N 0 0 00 Z low ( QI t I u, ? u? . q U- 00 ?rQ ti Nr ?S'q n? o < 0 4 31Mf1 +? r? ?S. '?'Z 2 W '{i "t?C ltq i9 _ fJ _ ` x.€-wH s %L H14 Cio'Ylx ?z a ????tQ co!v Y ? tY t Q N' _U ? L ?'•.. U' L r' (D lIs _ `LLl ve t m ? m m Y, O a o 40? Q m Q W Q NZ J O N Q z 0 0W W w Li Z J 0 N a U 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 QUEST MTG SECURITIES INC TR is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 26TH day of SEPT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1891, at the suit of AMERIQUEST MTG SECURITIES INC TR against HEATHER A HETRICK AKA HEATHER A HAY AKA HEATHER A HETRICK-NLLT & ERIC J is duly recorded as Instrument Number 200820746. IN TESTIMONY WHEREOF, I have hh to set my hand aneal of said office this day of A.D. d9Mff"r" County, Ca", PA E4*u 1% FW Monday d Jm.2010 Deutsche Bank National Trust Company In the Court of Common Pleas of as Trustee of Ameriquest Mortgage Securities Cumberland County, Pennsylvania Inc. Asset Backed Pass Through Certificates Writ No. 2007-1891 Civil Term Series 2004-R8, Under the Pooling and Servicing Agreement Dated as of August 1, 2004, without recourse VS Heather A. Hetrick a/k/a Heather A. Hay a/k/a Heather A. Hetrick-NLLT and Eric J. Hetrick Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 12, 2007 at 0915 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: Heather A. Hetrick a/k/a Heather A. Hay a/k/a Heather A. Hetrick-NLLT, by making known unto Heather Hetrick, personally at 3304 Enola Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Eric J. Hetrick, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND, as to the defendant Eric J. Hetrick. Defedant moved from 3304 Enola Road, Carlisle, PA and left no forwarding address with the post office. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2008 at 1350 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 Heather A. Hetrick a/k/a Heather A. Hay a/k/a Heather A. Hetrick-NLLT and Eric J. Hetrick located at 3304 Enola Road, 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: Heather A. Hetrick a/k/a Heather A. Hay a/k/a Heather A. Hetrick-NLLT by regular mail to her last known address of 3304 Enola Road, Carlisle, PA 17013. This letter was mailed under the date of January 8, 2008 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 June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche Bank National Trust Company as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement Dated as of August 1, 2004 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 2004-R8, Under the Pooling and Servicing Agreement Dated as of August 1, 2004 without recourse, of 505 City Parkway West, Orange, CA 92868, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,036.66. Sheriff s Costs: Docketing 30.00 Poundage 19.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Postpone sale 20.00 Law Journal 355.00 Patriot News 383.54 Share of bills 16.17 Distribution of proceeds 25.00 Sheriff's deed 40.00 ?s?dp 66 ? ? $1 036 l , . So Answers: R. Thomas Kline, Sheriff BY Real Estate JSgq?eeant sgg,O eco C, t. WO " 'DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1891-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST AUGUST 1. 2004, WITHOUT RECOURSE., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3304 ENOLA ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HEATHER A. HETRICK 3304 ENOLA ROAD A/K/A HEATHER A. HAY CARLISLE, PA 17013 A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Deutsche Bank National Trust Company 505 City Parkway West Orange, CA 92868 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHFA 211 North Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3304 ENOLA ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unwornlsification to authorities. September 20, 2007 DATE DANIEL G. SCHMIEG UIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-118, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE. Plaintiff, CUMBERLAND COUNTY No. 07-1891-CIVIL TERM V. HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT ERIC J. HETRICK Defendant(s). TO: HEATHER A. HETRICK A/K/A HEATHER A. HAY A/K/A HEATHER A. HETRICK-NLLT 3304 ENOLA ROAD CARLISLE, PA 17013 September 20, 2007 ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 3304 ENOLA ROAD, CARLISLE. PA 17013, is scheduled to be sold at the, Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,517.10 obtained by NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance AL)GUS'1' 1, 2004, W11'HOUT RECOURSE. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRA]ECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TITLE REPORT ALL,THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE CENTER OF THE ENOLA Road LEADING FROM ROUTE 34 AT CARLISLE SPRINGS TO BLOSERVILLE AT CORNER OF LAND OF JOHN A. CLAWSON AND MARY LOU CLAWSON; THENCE BY THE LATTER, North 22 DEGREES 30 MINUTES West (ERRONEOUSLY OMITTED IN PRIOR DEED) 312 FEET, MORE OR LESS, TO AN IRON PIN; THENCE BY LAND OF CHARLES L. MYERS AND WIFE, South 77 DEGREES 15 MINUTES West 150 FEET TO AN IRON PIPE; THENCE BY THE SAME, South 13 DEGREES East 297.2 FEET TO A Railroad SPIKE IN THE CENTER OF THE ENOLA Road; THENCE BY THE CENTER OF THE ENOLA Road, North 77 DEGREES 10 MINUTES East 160 FEET TO A POINT IN THE CENTER OF SAID Road; THENCE BY SAAME, North 79 DEGREES 30 MINUTES East 40 FEET, MORE OR LESS, TO AN IRON PIN, THE PLACE OF BEGINNING. ADDRESS: 3304 ENOLA RD, CARLISLE, PA 17013 TAX MAP OR PARCEL ID NO.: 14-04-0383-072 TITLE TO SAID PREMISES IS VESTED IN Heather A. Hetrick and Eric J. Hetrick, wife and husband, by Deed from Heather A. Hetrick, joined by and Eric J. Hetrick, her husband , dated 06119/2004, recorded 07/16/2004, in Deed Book 264, page 1013. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1891 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 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 8/01/04, without recourse, Plaintiff (s) From HEATHER A. HETRICK a/k/a HEATHER A. HAY a/k/a HEATHER A. HETRICK-NLLT & ERIC J. HETRICK (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 $129,517.10 L.L. $.50 Interest from 9/20/07 to 3105/08 (per diem - $21.29) - $3,555.43 Atty's Comm % Due Prothy $2.00 Atty Paid $345.83 Plaintiff Paid Other Costs$2,839.96 Date: 9/26/07 (Seal) REQUESTING PARTY: Yurtis R. Long, Prothonota By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 A Supreme Court ID No. 62205 ?uea?uas ??sg I?a? ?' V' •?S LOOZ 6Z jagolap :ow(l •uiauaq pairuoduoaui aauauajau siq? ?q put, Bunn sup qj!m palm «V» Iigiqxa uo paquasap ,?Iinj auouz aisiiiloD `puoll ujoug t70££ st, pauagwnu pur umoux Vd `f4unoo puquaquznD `digsumoy puoj)juvu3 uannoZ ui pajvMis Xuadoid Ieau aqj ui 1saualui s,luppuojap OT uodn MAPI JJI'OgS -7T LOOZ `6Z iogoioo up 90 # OIts aIETsg POW PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 71 - Coyne, TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary . NOTARIAL SEAL, DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 IN" Od" NO. 6 Writ No. 2007-1891 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing agreement Dated as of August 1, 2004, without recourse vs. Heather A. Hetrick a/k/a Heather A. Hay a/k/a Heather A. Hetrick- NLLT and Eric J. Hetrick Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erect- ed situated in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: Beginning at an iron pin in the center of the Enola Road leading from Route 34 at Carlisle Springs to Bloserville at corner of land of John A. Clawson and Mary Lou Clawson; thence by the latter, North 22 degrees 30 minutes West (erroneously omit- ted in prior deed) 312 feet, more or less, to an iron pin; thence by land of Chariaa L. Myers and wife, South 77 degrees 15 minutes West 150 St to an iron pipe; thence by the same, South 13 degrees East 297.2 feet to a railroad spike in the center of the Enola Road; thence by the center of the Enola Road, North 77 degrees 10 minutes East 160 feet to a point in the center of said road; thence by same, North 79 degrees 30 minutes East 40 feet, more or less, to an iron pin, the place of beginning. ADDRESS: 3304 ENOLA RD, CARLISLE, PA 17013. TAX MAP OR PARCEL ID NO.: 14-04-0383-072. TITLE TO SAID PREMISES IS VESTED IN Heather A. Hetrick and Eric J. Hetrick, wife and husband, by Deed from Heather A. Hetrick, joined by and Eric J. Hetrick, her husband, dated 06/19/2004, re- corded 07/16/2004, in Deed Book 264, page 1013. •' "-fhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14t Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 Sworn to a 4-0j?scribed beforo mohis 2$,dWof February, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public CkyOtHeniata 'P. 6ar3nhin County W Carer *a spires Nov. 26, 2011 Member, Patmaylvania;air-claUon of Noterlea REAL ESTATE SALE NO.6 Writ No. 2007-1891 Civil Term Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, inc., Asset-Backed Pass Through Certificates, Series 2004-R8, Under the Pooling and Servicing agreement Dated as of August 1, 2004, without recourse VS Heather A. Hetrick a/k/a Heather A. Hay a/k/a Heather A. Hetrick-NLLT and Eric J. Hetrick Attomey Daniel Schmieg DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE CENTER OF THE ENOLA Road LEADING FROM ROUTE 34 AT CARLISLE SPRINGS TO BLOSERVILLE AT CORNER OF LAND OF JOHN A. CLAWSON AND MARY LOU CLAWSON: THENCE BY THE LATTER. 'Forth 22 DEGREES 30 MINUTES West iERRONEOUSLY OMITTED IN PRIOR DEED) 312 FEET, MORE OR LESS. TO AN IRON PIN, THENCE BY LAND OF CHARLES L. MYERS AND WIFE.. South 77 DEGREES 15 MINUTES West 150 FEET TO AN IRON PIPE; THENCE BY THE SAME, South 13 DEGREES East 2972 FEET TO .A Railroad SPIKE IN THE CENTER OF THE ENOLA Road: THENCE BY THE CENTER OF THE ENOLA Road, North 77 DEGREES 10 MINUTES East 160 FEET TO A POINT IN THE CENTER OF SAID Road; THENCE BY SAME. North 79 DEGREES 30 MINUTES East 40 FEET, MORE OR LESS, TO AN IRON PIN. 'ME PLACE OF BEGINNING. ADDRESS: 3304 ENOLA RD, CARLISLE. PA '7013 lAX MAP OR PARCEL ID NO.: 14-04-0383- ()7'_ i'TLE "FO SAID PREMISES IS VESTED IN I I Bather A. Hetrick and Eric J. Hetrick. wife and husband. by Deed from Heather A. Hetrick. joined by and Eric J. Hetrick, her husband. dated 06119/244. recorded 07/1612001. in Deed Book 7ttl. Pace 1013.