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Home My WebLink About08-3916Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station 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 Agrement Dated As of August 1, 2004 Without Resource 505 City Parkway West Orange, CA 92868 v Heather A. Hetrick Or Occupants 3304 Enola Road Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term : No. a8 -.3q)& &VI I T'Gm CIVIL ACTION - EJECTMENT 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" 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 (20) days after rhis 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 and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 182290 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 Agrement Dated As of August 1, 2004 Without Resource. 2. Defendant is Heather A. Hetrick Or Occupants. 3. Plaintiff is the record owner of premises located at 3304 Enola Road, Carlisle, PA 17013, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on June 11, 2008, as evidenced by the Sheriff's deed recorded June 20, 2008 in the Office of the Recorder of Cumberland County in Instrument 200820746 a true and correct copy of which is attached hereto, made party hereof, and marked as Exhibit "A". 5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. Fr cis S. Hallinan, Esquire Attorney for Plaintiff r i5Z1-7? Tax Parcel No. 14-04-0383-072 ?""??T?.aCIL/111 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to 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 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 Attorney 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, North 22 DEGREES 30 MINUTES West (ERRONEOUSLY OMITTED IN PRIOR DEED) 3I2.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. 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, recorded 07/16/2004, in Deed Book 264, page 1013. • The same having been sold by me to the said grantee on the 11th day of June Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 26th day of September Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 1891 at the suit 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 against Heather A. Hetrick awn Heather A. Hay awn Heather A. Hetrick-NLLT and Eric J. Hetrick. In Witness Wereof, I have hereunto affixed my signature this 19th day of June Anno Domini Two Thousand and Eight (2008) S VcG' Jody S. Sihith, Sergeant, for R. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Sergeant Jody S. Smith for R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the Facts set forth in the foregoing Deed are true, and that she acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 19th day of June Anno Domini Two Thousand and Eight (2008) PROVONOTAK NOTARY PUWC C R C MISSION E?tRE8 l1 20 u0 E I erey certify that the residence And Post Office address of the Within Grantee is 505 City Parkway West Orange, CAS 92868 Solicitor . ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200820746 Recorded On 6/20/2008 At 8:58:44 AM * Total Pages - 5 * Instrument Type - DEED-SHERIFF'S Invoice Number - 23427 User ED - MBL Grantor- HETRICK,-HEATHER A * Grantee - AMERIQUEST MORTGAGE SECURITIES INC * Customer - CUMBERLAND COUNTY SHERIFF * FEES STATE NRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $13.00 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT LONER FRANKFORD TOWNSHIP $0.00 TOTAL PAID $40.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OI' DrDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOTVY 111111111111111 VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the propert y on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. 7 o,V ;S-/ Date ancis S. Hallinan, Esquire Attorney for Plaintiff ..t O '011 ? A' J k SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03916 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 HEATHER A but was unable to locate Her COMPLAINT - EJECTMENT in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT HETRICK HEATHER A 3304 ENOLA ROAD CARLISLE, PA 17013 PROPERTY IS VACANT I Sheriff's Costs: Docketing Service Affidavit Surcharge Not FoL;nd %' 61619, So answers: - 18.00 5.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 38.00 PHELAN HALLINAN & SCHMIEG 07/14/2008 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station 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 Attorney for Plaintiff Plaintiff Court of Common Pleas Cumberland County VS. No. 08-3916 Civil Term Heather A. Hetrick or occupants Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 182290 1*14 c?a a C W