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HomeMy WebLinkAbout04-1142 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A, GoLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 04 -11"1 ^' C/~l{ ---- '~ vs. CRICKET M. KRICK HARRY O. KRICK JR. Mortgagor(s) and Real Owner(s) CIVIL ACTION: MORTGAGE FO/l!!:CL08URE 115 S. George Street Mechanicsburg, P A 17055 Defendant(s) THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint offor 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 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC SlrvineRow Cllrlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 A..Y.il..Q LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE20 mAS DESPUES DE SER SERVIOO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO. REG ISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USlED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 51 USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE PAPEL A SU ABOGAOO ENSEGUIDA. SI USTED NO IlENE UN ABOGADO, VA Y A 0 LLAME POR TELCFONO LA OFICINA FIJADA AQui ABAJO. ESTA OFICINA PUEDE PROVEERC CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, CST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARia REDUClOO 0 GRATIS. LEGAL SERVICES INC S Irvine Row Carlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffi's DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002~4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The name(s) and addressees) of the Defendant(s) is/are CRICKET M. KRICK, lIS S. George Street, Mechanicsburg, PA 17055 and HARRY O. KRICK JR., 115 S. George Street, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On August 28, 2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1776 Page 0982. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE by Assignment of Mortgage, which Assignment is being lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2003 through 03/31/2004 at 7.7500% Per Diem interest rate at $17.41 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2003 to 03/31/2004 Monthly late charge amount at $35.08 Costs of suit and Title Search $80,883.72 $3,186.03 $4,044.19 $175.39 Escrow Fees NSF Charges Monthly Escrow amount $142.81 $900.00 $89,189.33 +$385.13 +$106.00 +$25.00 $89,705.46 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of $89,705.46, together with interest at the rate of $1 7.41, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: n~\nrf, Q j J/\ \ot~i~~(r~~CAFFERTY & MCKEEVER"\::; r;f\ By: JOSEPH A. GOLDBECK, JR., ESQUIRE A lTORNEY FOR PLAINTIFF VERIFICATION I, Stephen C. Whitaker, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. CoSo 4904 relating to unsworn falsification to authorities. Date: 3-II-iJi St 'taker AMERIQUEST MORTGAGE COMPANY , '. COMMITMENT SCHEDULE C File Number: 02.462KS ALL that certain triangular lot of ground situate on the East side of George Street in the Borough of Mechanicsburg, in the County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of said George Street marked by a Monument corner of lands of the United States of America; thence in a Northerly direction along the Eastern line of said George Street 63.5 feet to a point at comer of Lot No. II on the hereinafter mentioned Plan of Lots; thence in an Easterly direction along the line of said Lot No. 11, 310 feet, more or less, to an iron pin at a corner of lands now or formerly of May Sultzberger and others; thence in a Westerly direction along lands ofthe United States of America, 314.46 feet to a point on the Eastern line of said George Street and at the Place of Beginning. BEING lot numbered 12 on a Plan of Lots known as Green Acres, which Plan is recorded in the Recorder's Office in and for said Cumberland County, Plan Book 4 at Page 4. BEING the same premises which Miriam Burdge Krick, by Deed dated 04/07/99 and recorded 04121/99 in Cumberland County Record Book 197, Page 942, granted and conveyed unto Harry O. Krick, Jr. and Cricket M. Krick, husband and wife; and Owen Orville Krick, unmarried, in fee. SEE ATTACHED COURT ORDER GRANTING HARRY O. KRICK, JR. AND CRICKET M. KRICK AUTHORITY TO MORTGAGE THE INTEREST THAT OWEN ORVILLE KRICK, MINOR CHILD, HAS IN THE ABOVE REFERENCED PROPERTY. Parcel No: 20-24-0785-119 BK t 776PG0998 P.O. Do. 11"0 Su.. AD.. CA 9Z711-1010 )1l ~l~~~I' 7182 6389 3060 0342 6549 January 05, 2004 HARRY 0 KRICK JR CRICKET M KRICK 115 S GEORGE ST MECHANICSBURG, PA 17055 1110 I OlMC EXI-'UBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATl:MENTS OJ'POLICY Loan Number: Property Address: 0rigiDal Leoder: CwrCDI Lender/Servicer: 0038442547 115 S GEORGE STREET, MECHANICSBURG PA, 17055 Ameriques! Morl8llgc Company AmeriquCSl Mortgage Company THIS J'lRM IS A DEBT COLLECTOR A 1TJ:MPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'lTJ:MPT TO COLLECT TIU: INDEBTl:DNJ:SS REJ'EIUU:D TO HEREIN AND ANY INJ'ORMATION OBTAINJ:D J'ROMYOU WILL BE USED I'OR THAT PURPOSE. or YOU HAVE PREVIOUSLY RECEIVJ:D A DISCHARGE IN BANKRUPTCY, THIS COIUU:SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTDIPT TO COLLECT A DEBT, BUT ONLY ENJi'ORCEMENT OJ' A LD:N AGAINST PROPJ:RTY. Till. I. u oIIIdll1 .otice tIIat tile ..ortaa.. oa Toor h_e I. Ia default. ud tile leader Ialead. to foreelooe. S....1fie Iaf_a1I01l ......t the .ature of tile defauh I. DrovIded Ia t1Ie attaehed D..... TIle HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM an:MAP) ..ay he ahle to hiD to 11ft y...r ho.... TIll. Nodee eQlaI.. how tlte Dro...... ...0...... To _ if REMAP c.. .eID. T'" ...at MEET WITH A CONSUMJ:R CRJ:DIT COUNSELING AGENCY WITHIN 30 DAYS OJ' TIU: DATI: Oil' THIS NOTICE. Take till. Nodee with YOU ...... y.....eet with the Con...I.. A.scY. The ...... addre.. ud Dho.e amber of Coo.....er Credit C.......I.. A_cleo oenl.. y...r Coo.ty are lilted at tile cad of tllla Nodce. If y.. have ..y aaeotloa.. YOO ..ay cll11 tile Pe..sylTula Hoool.. J'lauee AaeacY toll free at 1-l1OO-U2-2397./Penoa. with IaoDalred .earla.... call (717) 780-18"). TIll. Notlee eoatalu I..portaat Iepllaformatlo.. If "... .aft u" quettloa.. rep_taII.... at tlte Co.....er Credit C.......inS Aaeae:r ..a" be aiJle to .eIp uplala it. You ..a" aI.. .....t to cootact u _racy Ia your areL T.e loeaIllar _Ialloo ...,. be a11le to .e1p "OIl n.d a lawyer. LA NOTIJ'ICACION EN AD.I1JNTO ES DE SUMA IMPORTANCIA, PUES ARCTA SU DERECHO A CONTINUAR VIVD:NDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIJ'ICACION OBTl:NGA UNA TRADUCCION INMJ:DITAMJ:NTE LLAMANDO ESTAAGENCIA (pENNSYLVANIA HOUSING J'lNANCE AGENCY) SIN CARGOS AL NUMJ:RO MENCIONADO _11N1Ne~".. AJUmiA. PUEDES SER ELEGIBLE PAllA UN PIlJ:STAMO POR EL PROGIlAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AB SU CASA DE LA PERDmA DEL DERECBO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE JIOR J'INANCIAL ASSISTANCE WHICH CAN SA VI: YOUR HOME PROM I'ORECLOSUJU: AND HELP YOU MAKE J'UTURE MORTGAGE PAYMENTS III YOU COMPLY WITH THE PROVISIONS 01' THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT 01' 1.,.3 (THE "ACT"), YOU MAY BE ELIGIBLE I'OR EMERGENCY MORTGAGE ASSISTANCJ:, . III YOUR DEI'AUL T HAS BJ:EN CAUSJ:D BY CIRCUMSTANCJ:S BEYOND YOUR CONTROL, . III YOU HA VI: A REASONABLE PROSPECT 01' BJ:ING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . III YOU MEET OTHER ELIGIBILITY REQunu:MENTS J:STABLISBJ:D BY THE PENNSYLVANIA HOUSING J'INANCE AGENCY. TEMPORARY STAY OI'I'ORECLOSUJU: - UDde:rthe Act, yon are entided to a temporary stay offo_I08DlC on yonr mortgage for thirty (30) days from the date of this Noti"", Daring that time yon mast arrange and attend a fa",,-to-face meeting with one of the consnmer cIcdit counseling agencies listed at the eDd of this Notice. THIS MEETING MUST OCClJR WITBIN THE NJ:XT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, TIlE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES --If yon meet with one of the conanmer credit counseling aacncv listed at the CIld of this noti"". the lender mav NOT take action aaainst yon for thirtv (30) daYS after the date of this meeting. The names. addressca and telephone namben of desipated consnmer credit connseling IIIICIlcies for the connIY in which the prOPCrtv is located BrCI set forth at the CIld of this Noti"", It is only necessary to schcdnle one fa""-1<>-face meeting. Advise yonr leader immediatelv ofyonr intentions. APPLICATION I'OR MORTGAGE ASSISTANCE - Yonr mortgage is in a defanlt for the reasons set forth later in this Noli"" (see following pages for specific information aboot the naInrc of your dcfanlt,) If yon have tried and arc nnable to resolve this problem with the ICIlder, yon have the right to apply for financial aaaislancc from the Homeowner's Emergency Mortgage Assistance ProgJlllIl To do so, yon mast fill on!. sip and file a completed HomeowncTs Emergency Assistance Program Application with one of the designated consumer credit counseling ageDCiesIistcclat the eDd of this Notice, Only consnmer credit connseling agCllcies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days ofyonr face-to-face meeting. YOU MUST I'ILE YOUR APPLICATION PROMPTLY. III YOU I'AIL TO DO SO OR III YOU DO NOT I'OLLOW THE OTHER TIME PERIODS SJ:T JIORTH IN THIS LETTEIl, JIORECLOSUJU: MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION JIOR MORTGAGE ASSISTANCE WILL BE DENIED. AGJ:NCY ACTION - Available funds for emergency mortgage assistance are very limited. They win be di&burscd by the Ascncy under the elill'lrility criteria established by the Act The PcnnsyIvania Honsing Finance AgCllcy has sixty (60) days to make a decision after it receives yonr application. During that time, no foreclosure proceedings will be pursued against yon if yon have met the time requirements set forth above. Yon will be notified directly by the Pennsylvania Housing Finan"" Agency of ita decision on yonr application, ,.......enlr<<:.IJ'.OI llU111l1Ij O~, 2004 Loan Number: 0038442547 NOTE: III YOU AJU: CURIU:NTLY PROTECfED BY TBJ: F'lLING Oil' A PETITION IN BANKIlUPTCY. THE II'OLLOWING PAllT Oil' THIS NOTICE IS II'OIl INIIORMATION PURPOSES ONLY AND SHOULD NOT BE CONSmEIU:D AS AN ATTEMPT TO COLLECT THE DEBT. (H y... loa.... liled b...kruptey y... .... IdD apply for Eme....,. Mort.a.. Auista....) HOW TO CUIU: YOUll MORTGAGE DEII'AUL T /Bria. it aD to date). NATURE OF THE DEFAULT -ne MORTGAGE debt bytbe above lender onyODI property loctcd at: 81115 S GEORGE STREET, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT becan..: A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the foDowing amOUDts are now past cine: 11/01/03 thru 01/01104 at 5727.42 pcr month Monthly Payments plaslate charge or other fees: 52300,00 Total Am....t to Care Default: 52300.00 B. YOU BA VI: II'AILED TO TAKE TBJ: II'OLLOWING ACTION (Do aot nle if aot UDlicable): N/A HOW TO ClJIlI: THE DEII'AULT--Yon may cure thedcfau1t within THIRTY (30) DAYS of the date of this notice BY PAYING TBJ: TOTAL AMOUNT PAST DUJ: TO TBJ: LENDEIl, WHICH IS 52300.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mast be made either by cash. caabier's cbeet. certified chcct or moncv order made lIIyable and scnt to: Amcriqnest Mortgage Compaoy 505 City Partway We'" Suite *100 Orange, CA 92868-2912 Yon can cure any other dcliwlt by taking the following actioD within THIRTY (30) DAYS of the date ofthislcttcr: (Do not use if not apolicable,) NI A III YOU DO NOT cmu: THE DEII'AULT-Ifyon do not cure the defan1t within THIRTY (30) DAYS oftbe date of this Notice, the leader mlead. to Derelseil. ripts to a<<eIente tile ..ortD. debt. This means that the entire onl...ndi~g baIaoce of this debt wiD be considered due immediately and yon may lose the chance to pay the mortgage in monthly insta1lmcnts. If full payment oflbe tota1l111101111l past dne is not made within THIRTY (30) DAYS, the lender also intends to insIrnct its attorneys to start legal action to foreclose a_ TOIlr ..ort1l....d Drooem. III THE MORTGAGE IS II'OIU:CLOSED UPON - no mortgaged property will be sold by the Shcriffto pay off the DIOrtsagc debt. If tho Icndcr refers your case to its attorneys, bnt yon cure the dclinqUOllcy before tho lender begins legal prococdiogs opinat you, you will still be required to pay the rcasooablo attomcy's fees that wore actua1ly incurred, up to 550.00. Howcw:r, iflcgal proceedings are started against you, you wiD havo to pay aU rcasooablo attorney'. fees actually incurred by tho 1000dor ...,u if they exceed 550,00, ilJ1y attorney's foos will be added to the amount you owe tholCllclcr, which may also include other rcasooablo costs. If Y'" eare tile default withia tile TBIllTY (30) DAY period, yea will .ot ho reqaired to p.y _...y'. feeL OTHER LENDER ~MJ:Dn:S - nolenclor may also sue you porsooally for tho unpaid priucipal ba18DCC and aU other sums duo undor the mortgage, RIGHT TO cmu: THE DEII'AULT PJlIOR TO SHEJUFIl"S SALE - If you ha... not cured tho defan1t within the THIRTY (30) DAY period andforec1oourc p""""""i"ll" have begun, you..i11 ""... th'rlrhf to con: tho d.r.ult and prevent the salo 81 any time up to oue hour before the Sheriff's Sale. You may do so by paving the total amount then put due, ploa any late or other charges then due, reasooablo attorney's foos and costs cOllllOCtcd with tho foreclosure salo and any other cOBls colUlCctcd with the Sheriff's Sale as specified in writina by Ibe IoDdcr and by ~"'ACTWf<<:I'''-02 perfo~ any other requirements ander the mortgqe, Curial your default ill the ....aer llet fortb ill thi. aotice ..ill relltore your mortpp to the .....e pOlinoa .. if you bd aever defaulted. EARLIEST POSSIBLE SIIERIJ""S SALE DATE --It is ellimatcd tbat the earliest date tbat SIlCb a Sberift's Sale oflbe mortppd property coald be held would be approximately (6) MONTHS from Ibe date oftbis Notice. A uoticc of the achuII date of Ibe Sberift's Sale will be sent to you before Ibe sale, Of coarse, the amont Deeded to care the default will iIlcrcase the Ioager you wait. You may fiDd out at any time exactly what Ibe required paYmeJlt or ac1iou will be by coutactiag Ibe leader, HOW TO CONTACT TIlE LENDER: Ameriquest Morta.... C_p..y PO Bos 11000 Or..... CA 92711-1000 PIt..... Namber 800-430-5262 Fa>: Number 714-347-5037 EJlFJ:CT OF SIIERIn"S SALE - You shoaId realize tbata Sberift's Sale will eDd yoar ownership of the mortgaged property and yoar right to occupy it, If you coDtinae to live ill the property after Ibe Sberift'. Sale, a lawsuit to remove you aDd your famisbiDgs aDd other beloagiags could be started by the lender at any lime. ASSUMPTION OF MORTGAGE -- You _ ".Y or -X- m.y aot (CHECK ONE) seD or transfer your bome to a buyer or lIIIn&ferce wbo will assmae the mongage debt, provided that all the oatstaDdiag paymeDlS, cbarges and attorney's fees and costs arc paid prior to or at Ibe sale and tbat Ibe other rcqairemeDta of Ibe mortgage arc IlIIia6ed. YOU MAY ALSO HAVE TIlE RIGHT: . TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE TIlE MORTGAGE RESTORED TO TIlE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT TIlE NONEXiSTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTIlER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTiON BY TIlE LENDER. . TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CIlEDIT COUNSELING AGENCIES SERVING YOUR COUNTY AIlE ATTACHED Very Truly Your., Ameriquest Mortpp Company Cc: Ameriques! Mortgage Company Attn: Collectiona Departmeat Loan Number: 0038442547 Mailed by 1.t C1au Mall ..d by Certified MaD PlIl-"O/Na'11-1l3 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc, 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 ...o.~1f"e""'o, Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (117) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PAl 7325 (717) 334-1518 FAX (717) 334-8326 p (:J ~ Ik 'i 0 ~ CJ "" '- v ~r ~ f0 .~ "V ." ~ ~ --,1 j,,;-- ;.i --.- c..", SHERIFF'S RETURN - REGULAR CASE NO: 2004-01142 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KRICK CRICKET M ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KRICK CRICKET M the DEFENDANT at 1425:00 HOURS, on the 5th day of April , 2004 at 115 S GEORGE STREET MECHANICSBURG, PA 17055 by handing to HARRY 0 KRICK, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 20.70 .00 10.00 .00 48.70 .~~~~..~,;;-c~ R. Thomas Kline 04/06/2004 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: )'hf~) ~ Deputy She);ff me this /2 i:!- day of Q~ 2L'()'f A.D. '- )'-'JL' Q 7ru/~h-' ~ -----;" J!'rothonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2004-01142 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KRICK CRICKET M ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KRICK HARRY 0 JR the DEFENDANT , at 1425:00 HOURS, on the 5th day of April , 2004 at 115 S GEORGE STREET MECHANICSBURG, PA 17055 by handing to HARRY O. KRICK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT STATED THAT PROPERTY HAD BEEN SOLD. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 --"1<:1'--:""""/"/<"/ ,.,,"~ .._.':::;r.;-;~',A<,-" /'~...P R. Thomas Kline 04/06/2004 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: )Lttl 4j~__ Deputy She~ me this .... /2 day of ~A.J \ d<JO'i A,D. LJ.,,,~ 0 )}~~. ~othonotary , GOLDBECK McCAFFERTY & McKEEVER BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 'Is. No. 04-1142 CIVIL TERM CRICKET M. KRICK and HARRY O. KRICK JR., Individually and as guardians of OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 THIS LAW FIRM IS A DEBT COLLECTOR AND W'E ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLING THE DEBT. PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff, Deutsche Bank National Trust Company, As Trustee, by its attorney, Kristina G. Murtha, Esquire, respectfully requests that this Honorable court enter and Order granting Plaintiffs Motion to Amend Complaint in the above-captioned matter for the following reasons: 1. Plaintiff commenced the above-captioned mortgage foreclosure civil action on March 18,2004, by filing its complaint, a true and correct copy of which is attached hereto as Exhibit A. The complaint seeks to foreclose Plaintiffs mortgage encumbering real property commonly known as 115 S. George Street, Mechanicsburg, P A 17055, hereinafter "the property." 2. Subsequent to filing the Complaint it was discovered that the property had been deeded to Harry O. Krick, Jr. and Cricket M. Krick, husband and wife, and Owen Orville Krick by deed dated April 11, 1999 and recorded April 21, 1999. 3. Upon information and belief, Owen Orville Kriek was a minor child in 1999 and is still a minor child. As a minor child, Owen Orville Krick lacks the capacity to mortgage real property, despite his status as an owner of said real property, and lacked said capacity at the time the mortgage was executed. 4. In order to mortgage the ownership interest of the minor child Owen Orville Krick, his parents and co-defendants herein, Harry O. Crick, Jr,. and Cricket M. Krick, petitioned the Cumberland County Orphans' Court for an order allowing them to execute a mortgage on the property on behalf of their minor child. 5. Said petition was granted and, by order of the Orphans' Court of Cumberland County, dated October 5, 1998, Harry O. Krick, Jr. and Cricket M. Krick were authorized to place a mortgage on the property, and to execute said mortgage on behalf of their minor son, Owen Orville Krick. A true and correct copy of said order is attached hereto as Exhibit A. 6. Despite the above-r~ferenced order, at the time the mortgage was executed, Harry O. Krick, Jr. and Cricket M. Krick signed only individually, and not on behalf of their minor son, Owen Orville Krick. 7. The Orphans' Court order makes clear the intent of the parties to mortgage the interest of Owen Orville Krick and, together with the mortgage,. is proof of Plaintiff s perfected security interest in the property. 8. Plaintiff therefore seeks to leave to file an Amended Complaint to plead the facts set forth above and to set forth a cause of action to foreclose th(;: interest of Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M, Krick. 9. Owen Orville Krick is a necessary party to these proceedings pursuant to Pa. R.C.P. 1144(a)(3). A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, and marked Exhibit C. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to foreclose the interest of Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. Respectfully submitted, GOLDBECK McCAF RTY & McKEEVER // BY: GOLDBECK McCAFFERTY & McKEEVER BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 'Is. No. 04-1142 CIVIL TERM CRICKET M. KRICK and HARRY O. KRICK JR. Individually and as guardians of OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO AMEND COMPLAINT Rule 1033 of the Pennsylvania Rules of Civil Procedure specifically provide that: A party may, by leave of court at any time, amend his pleading. The amended pleading may aver transactions or occurrences, which have happened before or after filing of the original pleading. . . Subsequent to filing the Complaint it was discovered that the new real owner of the Property at issue is Owen Orville Krick who, upon information and belief, is a minor child. As set forth in the accompanying motion, Plaintiff s complaint seeks to foreclose Plaintiff's mortgage encumbering real property commonly known as 115 S. George Street, Mechanicsburg, P A 17055, hereinafter "the property." However, subsequent to filing the Complaint it was discovered that the property had been deeded to Harry O. Krick, Jr. and Cricket M. Krick, husband and wife, and Owen Orville Krick, who was and, upon information and belief, still is a minor child. As a minor child, Owen Orville Krick lacks the capacity to mortgage real property, despite his status as an owner of said real property, and lacked said capacity at the time the mortgage was executed. In order to mortgage the ownership interest of the minor child Owen Orville Krick, his parents and co-defendants herein, Harry O. Crick, Jr. and Cricket M. Krick, petitioned the Cumberland County Orphans' Court for an order allowing them to execute a mortgage on the property on behalf of their minor child. Said petition was granted and, by order of the Orphans" Court of Cumberland County, dated October 5, 1998, Harry O. Krick, Jr. and Cricket M. Kri(:k were authorized to place a mortgage on the property, and to execute said mortgage on behalf of their minor son, Owen Orville Krick. Despite the above-referenced order, at the time the mortgage was executed, Harry O. Krick, Jr. and Cricket M. Krick signed only individually, and not on behalf of their minor son, Owen Orville Krick. The Orphans' Court order makes clear the intent of the parties to mortgage the interest of Owen Orville Krick and, together with the mortgage, is proof of Plaintiffs perfected security interest in the property. Plaintiff therefore seeks to leave to fil(~ an Amended Complaint to plead the facts set forth above and to set forth a cause of action to foreclose the interest of Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. Owen Orville Krick is a necessary party to these proceedings pursuant to Pa. R.C.P. 1144(a)(3). Moreover, his interest in the property must be temlinated by the foreclosure proceedings, or the inadvertent error made at closing, whereby his parents neglected to sign the mortgage individually and on behalf of their minor son, Owen Orville Krick, will constitute a cloud on title. The clear intent of the parties was to mortgage the entir,ety of the ownership interest in the property to Plaintiff, in exchange for the mortgage loan. That one owner was a minor child was dealt with by obtaining a court order allowing his parents to execute the mortgage on his behalf. It was only due to an inadvertent error at closing that the Defendants herein did not sign individually and as guardians of their minor child. This honorable Court is empowered to correct such inadvertent errors by the Pennsylvania Rules of Court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to foreclose the interest of Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. Respectfully submitted, GOLDBECK McC ERTY & McKEEVER BY: DATE: October 18.2004 EXHIBIT "k" IN RE: OWEN ORVILLE KRICK, a Minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 98 - 729 ORPHANS' ORDER OF -COURT AND NOW, this 5 n-f day of cr1 (1.1: . " 1998,.upon consideration of i I I I ! J I I I I Cumberland County. Pennsylvania. and to execute said mortgage on behalf of their minor son. I I Petioner's Petition, and after a hearing on this matter held September 30, 1998, it is hereby ordered that Petitioners HARRY O. KRICK, Jr., and CRICKET M. KRICK are hereby authorized to place a mortgage on the property at 115 South George Street, Mechanicsburg, OWEN ORVILLE KRICK, a part owner of the aforesaid pmperty_ Io//Jiwr Jio~ Wi::/f A TRLi~ CC~')':' FP.CM RECORD tn T""tlr:-:~;"'~' .;..' \ "-'} ~..{. I tl :~t)!.:n~':) :rt't I"!'!l' h~nd ~4m:Ii~ Cumbertend County OK 117 6 PG 0 9 9 9 EXHIBIT "p " GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. \". Iil"';~- .~ . R Nf Yc ATTORNEY I.D. #16132:~~~. ~ . . ., THIS IS SUITE 5000 - MELLON INDEPENDENJE&:~ER. fj I " ,~ '. ~E~~~";;tc~~TA~Opy OF 701 MARKET STREET 0 PVUt: AND CC, .ru.... oJ ,v · PHILADELPHIA, PA 19106 C THE ORIGiNAL FILED (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 0.., -J/"~~ 'Is. CRICKET M, KRICK HARRY O. KRICK JR. Mortgagor(s) and Real Owner(s) 115 S. George Street Mechanicsburg, P A 17055 CIVIL ACTION: MORTGAGE FQMClOIURE Defendant(s) THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLE,CTING THE DEBT. NOTICE Yau have been sued in court. If you wish to defend against the claims set forth in the following pages, you must lake action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Yau are warned that if you Cailto do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. ,...., YOU SHOUID TAKE TIllS PAPER TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE AlA WYBR OR CANNOT AFFORD ONE. GQlo OR~EP~E THE OmCE SET FORm BELOW. TIllS OmCE CAN PROVIDE YOU WITH INFORMATION ABOlJf HIRING AlA WYER. ;:...;; ..<-- IF YOU CANNOT AFFORD TO HIRE A lAWYER, TIllS OmCE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOlTf A(}~CIES T9XT M~FFER LEGAL SERVICES TO EUGlBLE PERSONS AT A REDUCED FEE OR NO FEE. c'.' ~:::: hi :;g - ....'-' r "- . - -:-t f'11 LEGAL SERVICES INC -~) 0 Slrvine Row .;~.'..' C0 t:.-:' ,1.) Carlis]e, PA ]7013 :::.2 >i'; 717-243-9400 ~. ;::-;:~ ~~~ ?~ :::~~ CUMBERLAND COUN1Y BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 ~. -", o :...:'''' ~.~~ -~ A.Yll.Q LE HAN DEMANDADO A USTED EN lA CORTE. SI DESEA DEFENDERSE CONTRA lAS QUE/AS PERESENTADAS, ES ABSOLlJfAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA IDEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON lA CORTE EN FORMA ESCRlTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA lAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, lA COOTE PUEDE, SIN NOTIFICARlO, DECIDlR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPlA CON TODAS lAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR EsTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TEL<;FONO LA OFICINA F1JADA AQui ABAJO. ESTA OFICINA PUEDE PROVEER~ CON INFORMACION DE COMO CONSEUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, <;8TA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIa REDUCIDO 0 GRATIS. LEGAL SERVICES INC S Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 _~"7\ ~,e'~~'i,~r';T:.;" COMPItAi\ci IN! . A .' . , KRTIFY THAT THIS Ie. " .....,"\. )1'""" V H I "',u:~ :_', -- ';,:T COpy 0;:;- I. Plaintiff is DEUTSCHE BANK NA TICQg~ ANY, AS .;i~~~~~~f~RIQU~ST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The name(s) and addressees) ofthe Defendant(s) is/are CRICKET M. KRICK, 115 S. George Street, Mechanicsburg, PA 17055 and HARRY O. KRICK JR., 115 S. George Street, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On August 28,2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office ofthe Recorder of Deeds of Cumberland County as Book 1776 Page 0982. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE by Assignment of Mortgage, which Assignment is being lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 10 19(9). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01,2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2003 through 03/31/2004 at 7.7500% Per Diem interest rate at $17.41 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2003 to 03/31/2004 Monthly late charge amount at $35.08 Costs of suit and Title Search $80,883.72 $3,186.03 $4,044.19 $175.39 Escrow Fees NSF Charges Monthly Escrow amount $142.81 $900.00 $89,189.33 +$385.13 +$106.00 +$25.00 $89,705.46 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as requ.ired by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) haslhave not had the required face~to~face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of $89,705.46, together with interest at the rate of $17.41, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale ofthe mortgaged premises. By: ~V-. DBE McCAFFI~RTY & McKEEVER By: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FORPLAmTWF VERIFICATION I, Stephen C. Whitaker, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint ar"e true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ]-( /--oj St . taker AMERIQUEST MORTGAGE COMPANY i' I I I i . '. . COMMITMENT SCHEDULE C File Number: 02-462KS ALL that certain triangular lot of ground situate on the East side of George Street in the Borough of Mechanicsburg, in the County of Cumberland and State of Penn:~ylvania, bounded and described as foJlows, to wit: BEGINNING at a point on the Eastern line of said George Streel; marked by a Monument comer of lands of the United States of America~ thence in a Northerly direl:;tion along the Eastern line of said George Street 63.5 feet to a point at corner of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence in an Easterly direction along the line of said Lot No. 11, 31 () feet, more or less, to an iron pin at a comer of lands now or formerly of May Sultzberger and others; thence in a Westerly direction along lands of the United States of America, 314.46 feet to a point on th'e Eastern line of said George Street and at the Place of Beginning. BEING lot numbered 12 on a Plan of Lots known as Green A(:res, which Plan is recorded in the Recorder's Office in and for said Cumberland County, Plan Book 4 at Page 4. BEING the same premises which Miriam Burdge Krick, by Deed dated 04/07/99 and recorded 04/21/99 in Cumberland County Record Book 197, Page 942, granted and conveyed unto Harry O. Krick, Jr. and Cricket M. Krick, husband and wife; and Owen Orville Krick, unmarried, in fee. SEE ATI'ACHED COURT ORDER GRANTING HARRY O. KRICK, JR. AND CRICKET M. KRICK AUTHOIDTY TO MORTGAGE THE INTEREST THAT OWEN ORVILLE KRICK, MINOR CIDLD, HAS IN THE ABOVE REFERENCED PROP]~RTY. Parcel No: 20-24~0785-1l9 OK t 776PG0998 P.O. DOI UIM Sn" All.. CA '2711-1_ 1111 I III! )1J ~t.~~r 71&2 63&9 3060 0342 6549 January OS, 2004 HARRY 0 KRICK JR CRICKET M KRICK 115 S GEORGE ST MECHANlCSBURG, PA 17055 110 I NNC EXttlBiT A ACT 91 NOTIC:E TAKE ACTION TO SAVE ~(OUR HOME FROM FORECLO~)URE STATJ:MJ:NTS OJ'POLICY Loan Number: 0038442547 Property Address: liS S GEORGE STREET, MECHANICSBURG PA,170S5 Origiul Leader: Ameriques( Mortgage Company Current Leader/Servicer: Ameriques( Mortgage Company THIS YIllM IS A DKBT COLL~CTOR ATl'DlPTlNG TO COLLKC1' A DKBT. THIS NOTICK IS SENT TO YOU IN AN A'ITJ:MPT TO COLLKCT TBJ: INDKBTJ:DNJ:SS UnRUD TO HKUIN AND ANY INJ'ORMATlON OBTAlNBD nOM YOU WILL BE USKD J'OR THAT Pu..MSJ:. II' YOU HA VI: PUVIOUSLY UCJ:IVJ:D A DISCHARG:I: IN BANKll1JllTCY, THIS CORUSPONDJ:NCJ: IS NOT AND SH01JLD NOT BE CONSTR1JJ:D TO BE AN A'ITJ:MPT TO COLLECT A DJ:BT, BUT ONLY ENJ'OllCJ:MJ:NT OJ' A LD:N AGAINST PllOPJ:RTY. Till. I. D oIIidal .otiee tltu tlte .onu. oa ,,_r 1l0000e I. Ia delalt. ad tile leader latead. to foreelole. Soee. I.f_ad. aboat the ....re 01 tile delalt I. Dnmded ia tile .t1taded D.'" TIle HOMJ:OWNJ:R'S MOllTGAG~ ASSISTANCE PIlOGllAM (DMAP) .." be able to II. to taft "..r 1l0000Co TIll. NotIee PDI"., Il.w tile DroU'Ua workt. To see if HJ:MAP CD llelD. yo. ..It MJ:ET WITH A CONSUMJ:R Cll:EDIT COUNSELING AGENCY WITIIlN 3t DAYS OJ' TIIJ: DATI: 0"-1'IIISNOTICi:. Take tId. N0de4l witIl yo. wllea y_ lDeet wltll tile Coaalell.. AICIlC'f. TIle uae. addreu ad Dllne ...ber of Coa...er Credit Co..lella. .theadcsservi.. y.r C......, are lI.ted at tile ead of till. Notice. If y_ Ila.,e au oestIo... y. .u call tile PeIlUYIv..I. H..si.. n...ce A.a" toll free.t 1-800-342-2397.(Penoa. witll laDalred Ilearia. CD wi (717) 781-1869). Till. Notiee eeatala. iDIportaat le.aI l...o.....tIo.. If J- Ilave uJ ..enuHU, represeatatiTel .t tile C....er Credit C.aselia. AaeaeJ ..J be able to Ilelp aplaia It. YCMI ..aJ aI.. ,.rut to e_tact.. attoraeJ ia Joar areL TIle local bar auoelatiCMI IOJ be ule to Ilelp J- Ii.. a lawyer. LA NOTmCACION EN ADI1JNTO ES DE SUMA IMPOllTANCIA, P1JJ:S ARCTA SU DEUCHO A CONTINUAll VIVIJ:NDO EN SU CASA. SI NO COMPUNDE J:L CONftNJDO DE ESTA NOTmCACION OBTJ:NGA UNA TllADUCCION INMJ:DITAMJ:NT:! LLAMANDO UTA AGENCIA (PJ:NNSYLV ANIA HOUSING J'INANCE AGENCY) SIN CARGOS AL NUMJ:110 MJ:NCIONADO "'~." ARRIBA. PW:DES SER ELEGDLE PAllA UN P:USTAMO' PO'R EL PRO'GllAMA LLAMADO' "HO'MJ:O'WNJ:R'S J:MJ:RGJ:NCY MO'RTGAGE ASSISTANCI: PRO'GlIlAM" EL CUAL PW:DE SALV All SU' CASA DE LA PEllDmA DEL DEnCHO' A nDIMIll Sl:r HIPO'TECA. HO'MEO'WNER'S EMERGENCY MO'RTGAGE ASSISl'ANCI: PRO'GRAM YO'U'MAY BJ: ELIGDLE FOR J'INANCIAL ASSISTANCJ: WHICH CAN SA VI: YOUR HO'ME nO'M I'O'RJ:CLOSmtJ: AND HJ:LP YO'U' MAD J'UTU'U MO'RTGAGE P~~YMJ:NTs II' yaU' CaMPLY WITH THJ: PRaVISIONS 0'1' TIIJ: HaMEaWNER'S J:MJ:RGJ:NCY MO'RTGAGJ: ASSISTANCE ACT aJ' 1983 (THE "ACT"), yau MAY BE ELIGDLE FaR J:MERGENCY MaRTGAGE ASSISTANCJ:: 2 IJ' yan DJ:J'AlTL T HAS BEEN CAU'SED BY CIRCUMSTANCES BEYO'ND yO'n CaNTRaL, 2 IJ' yaU' HAVI: A RJ:ASaNABLJ.: PRaspJ:CT aJ' BEING ABLE TO PAY yan MaRTGAGE PAYMJ:NTS, AND 2 IJ' yaU' MEET aTIIJ:R ELIGDILITY REQ1JIRJ:MJ:NTS J:STABI.ISHJ:D BY THJ: PJ:NNSYLVANIA HaU'SING J'lNANCI: AGENCY. TJ:MPaIlARY STAY 0'1' l'aRJ:CLOSlJRE - UDder the Act, you arc CDtitlled to a tcmporuy stay offorcclonrc on your mortgage for thirty (30) days from the date of this Notice. Dnring that time you must anange and attend a face-to-face mcctiDg with ODe of the CODS1lD1el credit counseling agencies Hsted at the eDd of this Notice. THIS MEETING MUST aCCUR. WITHIN THJ: NJ:XT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGEN'CY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF nns NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT- EXl'LAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. caNSUMER CRJ:DIT CaUNSELING AGENCIJ:S - If you meet witIl one of the consmner credit COIIDSCting al!Cnev Hsted at the cad of tlais notice. the lender mav NOT take action aaaiut yOU for thirtv (30) clavs after the elate of this m~ The names. addresses and telephone Dumbers of dcsinatcd coJl8UDler credit counseling aacacies for the county in which the prOj)CIty is located arc set forth at the cad of this Notice. It is only ncccssary to schcdalc one face-to-face mcctiDg. Advise your lender immccliately of your intCDtioDS. APPLlCATIaN l'aR MaRTGAGE ASSISTANCE - Your mortgage is in a default for the J'CUODS set forth later in this Notice (see following pagc8 for &pCicific information about the D8hde of your ddaalt.) If jOa have tried and are 1III8ble to resolve this problem with the lender. you have the right to apply lbr fiDancial auistaDcc from the Homcowner's Emergency Mortsa8e A81istance Propam. To do 80. you must fiill out. lip and file a completed Homcowner's Emerpcy Anistan<:e Program AppHcation with ODe of the desiignated COD81ID1Cl credit counscling agencies Hsted at the end of this Notice. Only consumer credit counscling agCII.cies have applications for the program and they will auist you in submittiag a complete application to the Pe:DDSylvuia Housing FiDaDcc Agency. Your application MUST be filed or postmutcd within thirty (30) days of your face-to-face meeting. yaU MUST J'D..J: yaUlt APPLICATIO'N PRaMPTLY.II' yaU PAIL TO' DO' sa aRII' YO'U' DO NaT paLLaw THE OTIIJ:R TIMJ: PEJlIaDS SJ:T J'ORTH IN THIS LETTIeR, J'ORJ:CLO'SUllJ: MAY PROCJ:J:D AGAINST YOUR Ba~ IMMJ:DIATJ:LY AND yalJR APPLICATIaN FOR MaR.TGAGE ASSISTANCI: WILL BJ: DENRD. AGENCY ACTIaN - Available fuDds for emergency mortgage assistance art= very Hmited. They will be disbursed by the Agency UDder the eHgibility criteria established by the Act. The Pennsylvania Houling FiDaDcc Agcacy has sixty (60) clays to make a decision after it receives your appHcatioD. During that time. DO forcclo8urc proceedings will be pursued apiDst you if you have met the time requirements set forth abcllVC. You will be notified cIircdly by the PcJUlS)'lvania Housing Finance Agency of its decisioD on your 'application. PAACT2fNCpfP'-ot JlUl1I8IY OS, 2004 Loan Number: 0038442547 NOTE: IJ' YOU AIU: C1JIUlJ:NTLY PROn:Cl'J:D BY TIlE I'U.ING Oil' A PETITION IN BANKRUPTCY, mE 1l'0LLOWING PART Oil' THIS NOTICE IS roR 1NIl'0llMATION PURPOSES ONLY AND SHOULD NOT BE CONSmEIlJ:D AS J'-N ATTEMPT TO COLLECT THE DEBT. (If YCMlltave filed b....kraptey y" en still apply for Emerplley Mort.a. Auistanee.) HOW TO CUD YOUR MORTGAGE DEIl'AUL T (lJri.. it.D to datel. NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property loctccl at: at 115 S GEORGE STREET, MECHANICSBURG, P A 17055 IS SERIOU8L Y IN DEFAULT becaase: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the foUowing amounts are now past due: 11/01/03 th1u 01/01/04 at $727.42 per month Monthly Payments plas late charge or other ~c:es: $2300.00 Total Aaoant to C1are Deralt: 5%300.00 B. YOU HA VI: Il'AILED TO TAKJ: TIlE 1l'0LLOWING ACTION ~ not aM if not uDlicule): N/A HOW TO C1JIlJ: TIlE DEIl'AUL T -You may cure the default within THIRTY (30) DAYS of the dale of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUI: TO TIlE LENDER, WHICH IS $2300.01 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH EIBCOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check. certified check 01 mouev order made Dllvable and sent to: AmeJiquest Mortgage Company S05 City Parkway West, Suite '100 Oranl~, CA 92868-2912 You can cure any other default by tatiDg the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not ap,plicable,) NI A IJ' YOU DO NOT CURl: mE DEPAUL T-Ifyou do DOt cme the default lrithin THIRTY (30) DAYS of the date ofthia Notice, tile leader intea.. to oereise itt rinn to acceIente tile aonap debt. TlUs DlC8III that the entire outltandillg baIuce of tlUs debt wiD be couiderecl clac immecJiatcly and you lmay 10Ie the chaDce to pay the mortgage in monthly iaslaDments. IffaU payment of the totallDlO1lDt past dul: is not made withia THIRTY (30) DAYS, the lender also intends to instruct its attorneys to IIaIt legal action to i.reel.. .... Yftr aoma.d prooeri1. IJ' 'DR MORTGAGE IS roUCLOSED UPON - The mortgaged propelrty will be sold by the Sheriff to pay off the mortgage debt. If the lender refers you cue to its attomcya, but you care the clelinqaency before the lender begiu legal proceedinss against you, you will ati1l be reqairccl to pay the rcasoDable attorney's fees 1hat were actaa1ly incurred, up to $50.00. However, if legal proc:ecdinga arc started api_ you, yoa wiD have to pay aD reasouble aUomey'1 fees actually mCUllCd by the lender even if they exceed ~~50.00. AJry attorney's fees wiD be added to the amount you owe the lender, which may also include other rcuoaable coats. If 1" aare tile def_1t witllin tile THIRTY (30) DAY period. ,o. willa. be reqwirH to Ja, attl)raey'l feeL OTHJ:R LENDER UMJ:DIJ:S - The lender may also sae you personaDy for the aupaid principal balaace BDd aD other sums due UDder the mortgage. RIGHT TO C1JIlJ: THJ: DEPAULT PRIOR TO SHE:RIJ'I"S SALE -If you have DOt cared the default within the THIRTY (30) DAY period aad foreclosure ~ill8' Ilave began, )'mUUll have the tiPt to cure the d~f.Dh BDd prevent the sale at 8DJ' time up to ODe hoar before the Shcrift's Sale. You lmay do 10 by paying the total amount then IlUt due. plus 8DJ' late or other charges then due. reasoD8'ble attorney's fees and coati connected. willa the foreclosure sale aad uy other coats coDDCCtcd with the Sherift's Sale u ~ed in writiu by the lender aDd by .~ perform"" ~ other reqJrirements under the mortgage. c.rial y.r del..lll ia tile ....er set fortll ia tltls .otiee will raton year .ort... to the same poIitiou u if y. 'ad ueYell' deI..lted. J:ARLIJ:ST POSSIBLJ: SJD:RII'J"S SALE DA TJ: - It is estimated that tlte earliest cIate that such a Sheriff's Sale of the mortgaged property could be held would be approximately (6) MON'IHS from the date of this Notice. A notice of the ac:tual date of the Sheriff's Sale will be sent to yo. before the sale. Of coarse, the amount needed to cure the default will iIlcrease the longer you wait. Yo. may fiDd out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THJ: LENDER: Ameriqust Mortaaae COIIlpaay PO Box 11000 Or.... CA 92711-1000 PIlOlle Nu.ber 800-430-5262 Fax Number 71"-347-5037 EFJ'I:CT OF SHJ:llIJ.i'Il"S SALI: - You should realize that a Sheriff's SalewiJl end your ownership of the mortgaged property and your right to occupy it. If you contiDue to live ill the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other beJoJl8ings could be nll1cd by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or ~ may uot (CHECK ONE) seD or transfer your home to a buyer or transferee who wiD assume the mortgage debt, provided that aD the outslaDding payments, charges and auomey's fees and costs are paid prior to or at the sale 8Dd that the other requirements of the mortgage are satiIfiecI. YOU MAY ALSO HAVE THE RIGHT: 'Z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER. LENDING INSTITUTION TO. PAY OFF TIllS DEBT. 'Z TO HAVE TIllS DEFAULT CURED BY ANY TIllRD PARTY ACTDlG ON YOUR BEHALF. 'Z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VB TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) 'Z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORE:CLOSURE PROCEEDING OR ANY OTHER. LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 'Z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 'Z TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY L"'- W. CONSUMJ:. CUDIT COUNSELING AGENCIJ:S SERVING YOllJI COUNTY AU: ATTACBJ:D Very Truly Yours, Ameriquest Mortgage Company Cc: Amcriquest Mortsagc Company Attn: CoJJediou Departmcot Lou Number: 003M42547 Mailed 1t111t C1.. Mail ..d 1t1 Certified MaD 1F11ADfNCm:-os Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 AOJ'CMt ."..... Financial Counseling Services of Franklin 31 West 3rd Street WaynesbolrO, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-.3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysbur8~ P A 17325 (717) 334-1518 FAX (717) 334-8326 , . 1" ,,. "~.~ t'~ .c;" 0''"'''''.' ~T fiL,;1 ';;") '.~4,'" . i;I.: t~.-, ~.. , I' "'.JL.iI~~ GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 OF Cumberland COUNTY CIVIL ACTION - LAW AMENDED ACTION OF MORTGAGE FORECLOSURE No. 04-1142 CIVIL TERM Plaintiff 'Is. CRICKET M. KRICK HARRY O. KRICK JR. Individually and as guardians of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLI~CTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOUW TAKE THIS POPER TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE AlA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 13 717-243-9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 A.Y.l..S...Q LE HAN DEMANDADO A USTED EN lA CORTE. SI DESEA DEFENDERSE CONTRA lAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON lA CORTE EN FORMA ESCRIT A. EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA lAS QUElAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTlCIPACION. ENTONCES, lA COUTE PUEDE, SIN NOTIFICARIO, DECIDlR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPlA CON TODAS lAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO. PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LlAME AL "lAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 13 717-243-9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AMENDED COMPLAINT IN MORTGAGl8: FORECLOSURE . COUNT ONE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE, 505 City Parkway West, Suit(~ 100 Orange, CA 92868. 2. The names and addresses ofthe Defendants are Cricket M. Kriick and Harry O. Krick, Jr., Individually and as guardians of Owen Orville Krick, 115 S. George Street, Mechanicsburg, P A 17055, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On August 28, 2002 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, whic:h mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1776 Page 0982. The aforementioned mortgage was assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE by Assignment of Mortgage which Assignment has been lodged for recording; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01,2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2003 through 03/31/2004 at 7.7500% Per Diem interest rate at $17.41 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2003 to 03/31/2004 Monthly late charge amount at $35.08 Costs of suit and Title Search $80,883.72 $3,186.03 $4,044.19 $175.39 Escrow Balance Debit $900.00 $89,189.33 $516.13 $89,705.46 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ofa third partypurchast::t' at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit "A". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $89,705.46, together with interest at the rate of $17.41, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premIses. COUNT TWO 9. Subsequent to filing the Complaint it was discovered that th(~ property had been deeded to Harry O. Krick, Jr. and Cricket M. Krick, husband and wife, and Owen Orville Krick, by deed dated April 11 , 1999 and recorded April 21, 1999. 10. Upon information and belief, Owen Orville Krick was a minor child in 1999 and is still a minor child. As a minor child, Owen Orville Krick lacks the capacity to mortgage real property, despite his status as an owner of said real property, and lacked said capacity at the time the mortgage was executed. 11. In order to mortgage the ownership interest of the minor child Owen Orville Krick, his parents and co- defendants herein, Harry O. Crick, Jr. and Cricket M. Krick, petitioned the Cumberland County Orphans' Court for an order allowing them to execute a mortgage on the property on behalf of their minor child. 12. Said petition was granted and, by order of the Orphans' COUlt of Cumberland County, dated October 5, 1998, Harry O. Krick, Jr. and Cricket M. Krick were authorized to place a mortgage on the property, and to execute said mortgage on behalf of their minor son, Owen Orville Krick. 13. Despite the above-referenced order, at the time the mortgage was executed, Harry O. Krick, Jr. and Cricket M. Krick signed only individually, and not on behalf of their minor son, Owen Orville Krick. 14. The Orphans' Court order makes clear the intent of the partie:s to mortgage the interest of Owen Orville Krick and, together with the mortgage, is proof of Plaintiffs perfected security interest in the property. 15. Plaintiff, through this action, seeks to foreclose the interest of Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. Owen Orville Krick is a necessary party to these proceedings pursuant to Pa. R.C.P. 1144(a)(3). WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $89,705.46, together with interest at the rate of $17.41, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises against Harry O. Krick, Jr. and Cricket M. Krick and Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. By: . GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR., ESQUIRE A TIORNEY FOR PLAINTIFF i · I I I i . '. . COMMITMENT SCHEDULE C File Number: 02-462KS AIL that certain trianguJar lot of ground situate on the East sidt' of George Street in the Borough of Mechanicsburg, in the County of Cumberland and State of Pellnsylvania, bounded and described as follows. to wit: /' BEGINNING at a point on the Eastern line of said George Street marked by a Monument comer of lands of the United States of America; thence in a Northerly direction along the Eastern line of said George Street 63.5 feet to a point at corner of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence in an Easterly direction along the line of said Lot No. 11. 310 feet. more or less, to an iron pin at a corner of lands now or formerly of May Sultzberger and others;; thence in a Westerly direction along lands of the United States of America. 314.46 feet to a point on the Eastern line of said George Street and at the Place of Beginning. BEING lot numbered 12 on a Plan of Lots known as Green Acres. which Plan is recorded in the Recorder's Office in and for said Cumberland County. Plan Book 4 at Page 4. BEING the same premises which Miriam Burdge Krick, by Deed dated 04/07/99 and recorded 04/21/99 in Cumberland County Record Book 197. Page 942, granted and conveyed unto Harry O. Krick, Jr. and Cricket M. Krick, husband and wife; and Owen Orville Krick, unmarried, in fee. SEE ATfACHED COURT ORDER GRANTING HARRY O. KRICK, JR. AND CRICKET M. KRICK AUTHORITY TO MORTGAGE THE INTEREST THAT OWEN ORVllLE KRICK, MINOR ClIILD, HAS IN THE ABOVE REFERENCED PROPERTY. Parcel No: 20-24-0785-119 OK t 776PG0998 P.O. BOl[ II'" SID" AIla, CA '2711-1100 IIIIIIIIII~I )11 ~l~~ 71&2 63&9 3060 0342 6549 Januuy os, 2004 HARRY 0 KRICK JR CRICKET M KRICK 115 S GEORGE ST MECHANICSBURG, P A 17055 1to J NMe EXHIBiT A ACT 91 NOTICE TAKE ACTION TO SAVE ~(OUR HOME FROM FORECLOSURE STATl:MJ:NTS OIl'POLICY Loan Number: Property Address: OrigiDal Lender: CunCDt LcndcrlScrviccr: 0038442547 lIS S GEORGE STREET, MBCHANICSBURG PA,170SS Ameriqucst MoItgagc Company Ameriqucst Mortgage Company THIS JI'IJtM IS A DJ:BT COLLJ:CTOIl A Tl'J:MPTlNG TO COLLJ:Ct' A DJ:BT. THIS NOTICJ: IS SJ:NT TO YOU IN AN A1TJ:MPT TO COLLl:CT TJD: INDJ:BTl:DNJ:SS RJ:RIlRJ:D TO HJ:DIN AND ANY INJ'ORMATION OBTAINJ:D nOM YOU WILL BJ: USJ:D 1I'01l THAT PUllPOSJ:.1J' YOU HA VI: PRJ:VIOUSLY UCJ:IVJ:D A DISCBAllGll: IN BANKIlUPTCY, THIS COJlRJ:SPONDENCE IS NOT AND SHOULD NOT BE CONSTIlUJ:D TO BJ: AN ATl'J:MPT TO COLLECT A DJ:BT, BUT ONLY J:NJ'ORCJ:MJ:NT Oil' A LD:N AGAIlIliST PRonRTV. TU. is 18 offid.. .otice tltat tlte ..ort.a. oa ,oar It...e i. fa del_It. 18,11 tlte leader Ia.u to loreclose. Sgeeifie Wormati.. __t tlte ....re 01 tlte delu" i. Dnmded Ia tlte attulted D..eL Tlte HOMJ:OWNJ:R'S MORTGAGJ: ASSISTANCJ: PROGRAM tllJ:M:AP) ..ay be able to lIelD to ..ft ,oar ItOIH. TIll. Notice CXDI... It.. tlte Dm..... works. To lee if HJ:MAP eu ltelD. ".. ...It MJ:J:T WITH A CONSUMJ:R C1RDIT COUNSJ:LING AGENCY WITHIN 30 DAYS Oil' TJD: DATI: or THIS NOTICt. Take tId.Nodee.witIl ,oa wllea Y" IDeetwitlt tlte CRaseD.. Aaean. TIle ...1. addreu ud ulloae R..ber of Coa...er Credit Coa.lella. A.ReBdaleni.. YOur Coa.ty are lilted at tile ead 01 tills N otiee. If yo. ltaTe UJ ..CId.... Joa ..u eall tile Peuu"""l. H..... Ji'iauee A_an tolllree.t 1-8GO-U2-2397.(Penoas witIt iauaired Itearia. eu call (717) 781-18"). Tlds Notice coatUu iIIlportaat leJallafonaatioa. lIyoa fla"e 181 quatiGu. repretelltadves at tile Coa_er Credit C...lelia, Aaeaey ".1 be able to lIeIp uplala it. Yoa ..al allO ",ut to e_tact a. aUoraey Ia your .reL TIle loeal b.r auoel.tioa ".1 be able to Itdp loa Bad a laWJer. LA NOTIJ'ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, P'UJ:S ARCTA SU DJ:RJ:CHO A CONTINUAR VlVD:NDO J:N SU CASA. SI NO COMPRJ:NDJ: J:L COllliTJ:NIDO DE J:STA NOTIJ'ICACION OBTJ:NGA UNA TRADUCCION INMJ:DITAMJ:NTli: LLAMANDO ESTA AGJ:NCIA (pJ:NNSYLV ANIA HOUSING II'INANCJ: AGJ:NCY) SIN CARGOS AL NUMJ:RO MJ:NCIONADO 1n\1KJICPtI.. AJllUBA. PUDES SER ELEGIBLE PAllA 'UN PIlJ:STAMO POR EL PROGllAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PR04:;RAM" EL ClJAL PODE SALV AR SU CASA DE LA PERDmA DEL DEUCHO A UDIMIR S:U BIPOTECA. HOMEOWNER'S :EMERG:ENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE II'OR Il'INANCIAL ASSISTANCE WIDCH CAN SA VI: YOUR HOMl: nOM II'OUCLOSUU AND HJ:LP YOU MAD Jl'UTUU MORTGAGE IIAYMJ:NTS IJl' YOU COMPLY WITH nn: PROVISIONS 0' nn: HOMEOWNER'S J:MJ:RGENCY MORTGAGE ASSISTANCE ACT 011' 1983 (TIIJ: "ACT"), YOU MAY BE ELIGIBLlt 'OR EMERGENCY MORTGAGE ASSISTANCE: 'Z I' YOUR DEII'AULT HAS BE:EN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 'Z II' YOU HA VI: A UASONABLJ: PROSPECT 011' BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 'Z II' YOU MEET OTHJ:R ELIGIBILITY IlI:Qunu:MJ:NTS EST AJI~LISHJ:D BY TIIJ: PENNSYLVANIA HOUSING Jl'INANCI: AGJ:NCY. TEMPORARY STAY 011' 1I'0Ill:CLOS1JJlJ: - Under the Act, you uc CDtided to a temporary stay of forcclO81llC on your mortgage for thirty (30) days from the date of this Notice. Daring dull time you must anmge and attend a face-to-face mcctiDg with one of the consumer credit coanscliDg agencicslistcd at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THJ: NJ:XT (30) DAYS. IF YOU no NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. 11J:g PART OF TInS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT- EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONS1JMJ:R CUDIT CO'UNSJ:LING AGJ:NCD:S - If you meet with C1tDC of the CODSllD1Cl credit couscliq ageDCV listed at the c:acl of this notice. the lender may NOT take action Jurmld vou for thirty (30) clays after the elate of this meetUur The Dames. addresses and telephone numbers of dcsipJltf!d c:GlIIAIIIler credit counseliag agcacics for the county in which the 'Dropcrtv is located arc set forth at the cad of this Notice. It is only ncccssuy to IChcdale one face-to-face meeting. Advise your lender immccliatclv of your intentions. APPLICATION "OR MORTGAGE ASSISTANCJ: - Your mortgage is in a clefa1l1t for the IC8SOns set forth later in this Notice (see following JIIlgel for specific iDformation about the DIdure c){ your default.) If you have tried and are 1IIUlble to resolve this problem with the lender, yoo have the right to appl]r for financial auistaDcc from the Homeowner's Emergency Mortgage Assistance Propun. To do 10, you Dl1lR fill out, sign and file a completed Homeowner's Emergency AIsistaucc Program Application with one of the c1csignatccl CODSUDlcr credit c:oanscling ageDCics listccl at the end of this Notice. Only coDSllDler crcclit counseling agc:acics have applications for the program and they will assist you in submitting a complete application to the ))cnnsy1vania Housing FiDaDce Agency. Your application MUST be filecl or postnwlcd within thirty (30) daYB ofYOllIl face-to-face meeting. YOU MUST I'ILE YOUR APPLICATION PROMPTLY. II' YOU "An, TO DO SO OR D' YOU DO NOT II'OLLOW THE OTHJ:R TIMJ: PERIODS SET Il'ORTH IN THIS LJ:T1rJ:R, J'OUCLOSUU MAY PROCEED AGAINST YOUR HOMl: IMMJ:DIATELY AND YOUR AI~PLlCATlON "OR MORTGAGJ: ASSISTANCI: WILL BE DENlJ:D. AGJ:NCY ACTION - Available fonds for emergency mortgage assistance lire very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The ~rJvania Housing FiDance Agency has sixty (60) clays to mate a decision after it receives your application. During dUd time, no foreclosure proccediuga will be pursued against you if you have met the time requirements set forth above. You will be notificcl cIire<:tly by the PeDDlylvania Housing Finance AgeDCy of its decision on your -applicatiorl. PMCT2INt"'~OI JllIlD8l'Y OS, 2004 Loan Number: 0038442547 NOTE: IJ' YOU AU CUJUU:NTLY PROn:crED BY TIR I'ILING OJ' A PETITION IN BANKRUPTCY, THE J'OLLOWING PAllT OJ' THIS NOTIC:): IS J'OR INJ'ORMATION PUIlPOSES ONLY AND SHOULD NOT BE CONsmERJ:D AS,~ ATTJ:MPT TO COLLECT THE DEBT. (If YIMI have filed baakruptey YIMI eaa still apply for Emerplley Mort.ap Auistaaee.) HOW TO CURl: YOUR MORTGAGE DEJ'AUL T (llIia. it aD to datel. NATURE OF THE DEFAULT -The MORTGAGE debt bytbe above lender on your property loctcd at: at 115 S GEORGE STREET, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts arc now past due: 11/01/03 thm 01101104 at $727.42 per month Monthly Payments plus late charge or other ~ees: $2300.00 Total AmlMlat to Care Delult: 51300.00 B. YOU HA VI: J'AILED TO TAD TIR J'OLLOWING ACTION ~, Dot 1I1e if Dot aoolieable): N/A HOW TO CURE TIR DJ:J'A'ULT -You may cure the defmlt within THIRTY (30) DAYS of the date ofthia notice BY PAYING THJ: TOTAL AMOUNT PAST DUI: TO THJ: LJ:NlI)J:1I, WHICH IS $2381.0' PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES wmCH EIECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check. certified check or money order made Mvable and scot to: AmeJiquest Mortgage Company 50S City Paa1way West, Suite'l00 Oranl~, CA 92868-2912 You can care BDy other defmlt by takiDg the following action within TmRTY (30) DAYS of the date of this letter: (Do not use if aot applicable.l NI A IJ' YOU DO NOT Cmu: TIIJ: DJ:J'AULT-Ifyou do IlOt cure the default lrithin THIRTY (30) DAYS of the elate ofthia Notice, tile leader _tea.. te aerdle it. rip" to accelerate tile ..onp. debt. This DlC8IlI that the cDtirc outstanditlg baJuce of this c1ebt will be coasiderccl clue immecliately and you JID&Y 10lt the chaDce to pay the mortgage in moJldaJy insta1lments. Iffall paymeot of the total amomd past dul: is DOt made withiD. THIRTY (30) DAYS, tile ICIlcler also intCllds to instruct its Ittomeya to start legal action to foredOle apea YOar ...maaed '1'OfeI11. IJ' THE MORTGAGE IS J'OUCLOSJ:D UPON - The mortgaged propcJrty will be sold by the Sheriff to pay off 1be moJtgage debt. If the lender refers your case to its attomcys, but}'Oll CUJC the clcJinqueDcy before the lender begins legal proccecliDSs against you, you will still be rcquirecl to pay the reasoDllble attomcy's fces that were actua1ly incarrecl, up to $50.00. HowC\'Cr, if legal proceedings are started agaiM you. JOU wiD have to pay aD rcasoll8ble attorney's fees actually iIlcurrccl by the IeDcler C\'CD if they exceecl ~~50.00. AIry aUomcy's fees will be added to the amount you owe the ICIlder, which may also include other reasonable costs. If yea alre tle default witliD tile TBIJlTY (30) DAY pelied, yea win Dot be reqaired to pay attlmaey's fees. OTBJ:ll LENDKR UMJ:DRS - The leader may also sue you pcrsonaDy for the UDpaid principal balance and aD other II1JIDI clue 1IIlller the mortgage. UGHT TO Cmu: THJ: DJ:J'AULT PUOR TO SHJ:UJ'J"S SALE - If~rou haft IlOt c:urccI the default withia ~e TmRTY (30) DAY period and forcclOlllIC ~;1\gI have bepD, JOIUtill have the rtpt to cure tile defilDIt aDd prevent the sale at aay time up to one Iloar before the Sheriff's Sale. You JIDay do so by payiag 1be total amouat thea )lUt due. plus any late or other charges the:a due. reasollable attorney'. to:. and costs collllCCtecl witIl the foreclo&ure sale ad any other costa coDDCc:ted wit1l the Sheriff's Sale as speciiled is wriIiu by the Ie_r 8Dd ~ P~Ol performinr llQY other ~ircmen"1JDder the mortgage. c.rialY08r delaalit ia tile .....er set fortll ia tills Bod<< will restore y.r ..ortpp to tile ....e positiOB .. if yo. hd Bever defaulted. EARLIEST POSSIBLE SIRRIJ'J"S SALE DATE -It is estimated that tile earliest date that such a Shcri1J's Sale of the mortgaged property could be held would be approximately (6) MON1HS from the elate of this Notice. A notice of the actual date of the Sherift's Sale will be sent to yoo before the salle. Of course, the amount nccdccl to cure the default will increase the longer you wait. Y 00 may find oot at any tilDe exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIll: LENDER: AIIIeriqult Mort... COIIlpaay PO Bo]l: 11000 Oraae. CA 9%711-1000 P1tOlle N.lIlber 800-430-5%'% :Fu Number 714-347-5037 E:rn:CT O:F SIRRIJ':F'S SALE - You should realize that a Shcri1J's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings aDd other belongings could be stilted by the lender at any time. ASSUMPTION O:F MORTGAGE -- You _ ".Y or -X- ".Y Bot (CHECK ONE) seD or transfer your home to a buyer or transferee who will assume the mortgage debt, providccl that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale aDd that the other requirements of the mortgage are satiJfied. YOU MAY ALSO HA V& TIll: RlGB:T: 2 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE: MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TOI PAY OFF TIllS DEBT. 2 TOHAVB THIS DEFAULT CURED BY ANY THIRD PARTY ACTnmONYOURBEHALF. 2 TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER., YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALEND.A.R YEAR.) 2 TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER. LA WSIDT INSTITUTED UNDER. THE MORTGAGE DOCUMENTS, 2 TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER 2 TO SEEK PROTECTION UNDER. THE FEDERAL BANKRUPTCY LA. W. CONSUMER CUDIT COUNSELING AGENCIES SERVING YOUR COUNTY A1lJ: ATTACHED Very Truly Yoors, Ameriquest MortgaSCI Company Cc: Ameriques! Mortgage Company Attn: Collections Department Loan Number: 0038#2547 Mailed Itylst C1.. Mail ad by Certified MaD RIADJMI:P'fl4 Homeownerst Emergency AssistJlnCe Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 AQPM1""'" Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762..3285 YWCA ot' Carlisle 301 G Str.~et Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 IN RE: OWEN ORVILLE KRICK, : a Minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANSJ' COURT DIVISION NO. 98 - 7'29 ORPHANS' ORDER OF .COURT ; I I I I I I I I Cumberland County. Pennsylvania. and to execute sald mortgage on behalf of their minor son. 1 I AND NOW, this 5 TH day of m a.. i:. . _' 1998" upon consideration of Petioner's Petition. and after a hearing on this matter held September 30. 1998, it is hereby ordered that Petitioners HARRY O. KRICK, Jr., and CRICt<ET M. KRICK are hereby authorized to place a mortgage on the property at 115 South George Street, Mechanicsburg, OWEN ORVILLE KRICK, a part owner of the aforesaid pr1operty. /'"J ~M f.~~ ?Jf' / <feorge E. er. PJ A TP.IJ~ CO:'2'!' FP.CM RECORD fn T~t1t:-{';"'~' ./ I -..~ g~. f "::t>t:n~') ::-~! f'!!j' h~nd -e~~~~ Cumbertend County OK I 7 7 6 PG 0 9 9 9 VERIFICATION JOSEPH A. GOLDBECK, JR. hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Amended Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S., section 4904. Joseph A. Goldbeck, Jr., Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: KRISTINA G. MURTHA, ESQUIRE AttorneyI.D. #61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 04-1142 CIVIL TERM 'Is. CRICKET M. KRICK and HARRY O. KRICK JR. Individually and as guardians of OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 CERTIFICATION OF SERVICE \ I hereby certify that a true and correct copy of Motion to Amend Complaint, Memorandum of Law in support thereof and Motion Court Coversheet was sent by first class mail, postage pre-paid, upon the following on the date listed bdow: CRICKET M. KRICK and HARRY O. KRICK JR. Individually and as guardians of OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 GOLDBEC M,cCAFFERTY & McKEEVER Date: October 1~. 2004 VERIFICATION KRISTINA G. MURTHA, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Motion to Amend Complaint is true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. ~ 4904. Date: October 18. 2004 (1 f'-..' 0 c=> C ,-::0 -n .' ...:- _e. --1 -, ".'i,.,. T:r:J [Y C) n~ <-;0. " ......: .TJr""-l (,/ I ~f'iY C) ~;(') - r-' .., . )..... .. 1 , ) :''1': ~ .~": ") ) :'.,'\ ;e """1 --/,'":. I C) ~A] -< U'l -< \jj NOY 0 9 Z004 f' GOLDBECK McCAFFERTY & McKEEVER BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 'Is. No. 04-1142 CIVIL TERM CRICKET M. KRICK and HARRY O. KRICK JR., Individually and as guardians of OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 ORDER AND NOW, this /Z9day of Ili-~ , 2004, upon consideration of the Motion to Amend Complaint and Memorandum of Law and Response (if any) filed by Defendants, it is hereby ORDERED that Plaintiff is hereby authorized to file and serve upon Defendants an Amended Complaint in the form attached to this motion as Exhibit B. :; Ec;;j J. ~ r: ..' ~ ~ f. r t, ~ p~ ~ . <:'\ '- ~~ J\.tN :-~~;!:;/'~~!:(:'S~\~ ~~j?!; Vi;) 77.q 1i'rJ S I' ,1.llil h/flOZ ,--(., ..... ". ~ ...... v !\,N:.C~lji~;;;g~~~;~;'li ;:10 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEYI.I>.#16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 OF Cumberland COUNTY CIVIL ACTION - LAW MlENDED ACTION OF MORTGAGE FORECLOSURE No. 04-1142 CIVIL TERM Plaintiff 'Is. CRICKET M. KRICK HARRY O. KRICK JR. Individually and as guardians of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 Defendants TillS FIRM IS A DEBT COLLECTOR ANI> WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you mm,t take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or 0 bjections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS POPER 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 I3 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PAl 70 I3 A..Y.ll.Q LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUFJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVlDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUFJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle. PAl 70 I3 717-243-9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. P A 17013 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE COUNT ONE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE, 505 City Parkway West, Suite LOO Orange, CA 92868. 2. The names and addresses of the Defendants are Cricket M. Krick and Harry O. Krick, Jr., Individually and as guardians of Owen Orville Krick, 115 S. George Street, Mechanicsburg, P A 17055, who are the mortgagors and real owners of the mortgaged premises hereinaj[ler described. 3. On August 28,2002 mortgagors 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 Deeds of Cumberland County as Book 1776 Page 0982. The aforementioned mortgage was assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE by Assignment of Mortgage which Assignment has been lodged for recording; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2003 through 03/31/2004 at 7.7500% Per Diem interest rate at $17.41 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2003 to 03/31/2004 Monthly late charge amount at $35.08 Costs of suit and Title Search $80,883.72 $3,186.03 $4,044.19 $175.39 Escrow Balance Debit $900.00 $89,189.33 $516.13 $89,705.46 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ofa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the tme and correct copy of such notices attached hereto as Exhibit "A". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such mt~eting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $89,705.46, together with interest at the rate of$17.41, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale ofthe mortgaged premIses. COUNT TWO 9. Subsequent to filing the Complaint it was discovered that the property had been deeded to Harry O. Krick, Jr. and Cricket M. Krick, husband and wife, and Owen Orville Krick, by deed dated April 11, 1999 and recorded April 21, 1999. 10. Upon information and belief, Owen Orville Krick was a minor child in 1999 and is still a minor child. As a minor child, Owen Orville Krick lacks the capacity to mortgage real property, despite his status as an owner of said real property, and lacked said capacity at the time the mortgage was executed. 11. In order to mortgage the ownership interest of the minor child Owen Orville Krick, his parents and co- defendants herein, Harry O. Crick, Jr. and Cricket M. Krick, petitioned the Cumberland County Orphans' Court for an order allowing them to execute a mortgage on the property on behalf of their minor child. 12. Said petition was granted and, by order of the Orphans' Court of Cumberland County, dated October 5, 1998, Harry O. Krick, Jr. and Cricket M. Krick were authorized to place a mortgage on the property, and to execute said mortgage on behalf of their minor son, Owen Orville Krick. 13. Despite the above-referenced order, at the time the mortgage was executed, Harry O. Krick, Jr. and Cricket M. Krick signed only individually, and not on behalf of their minor son, Owen Orville Krick. 14. The Orphans' Court order makes clear the intent of the parties to mortgage the interest of Owen Orville Krick and, together with the mortgage, is proof of Plaintiffs perfected security interest in the property. 15. Plaintiff, through this action, seeks to foreclose the interest of Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. Owen Orville Krick is a necessary party to these proceedings pursuant to Pa. R.C.P. 1144(a)(3). WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $89,705.46, together with interest at the rate of $17.41, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises against Harry O. Krick, Jr. and Cricket M. Krick and Owen Orville Krick, by and through his guardians Harry O. Krick, Jr. and Cricket M. Krick. ~ _ By: GOLDBE By: JOSEP ATIORNEY F cCAFFE:RTY & McKEEVER OLDBECK, JR., ESQUIRE LAINTIFF 'i' I I I I I r. . COMMITMENT SCHEDULE C File Number: 02-462KS AIL that certain triangular lot of ground situate on the East side of George Street in the Borough of Mechanicsburg, in the County of Cumberland and State of Pennsylvania, bounded and described as foUows, to wit: / BEGINNING at a point on the Eastern line of said George Stree:t marked by a Monument comer of lands of the United States of America; thence in a Northerly din:ction along the Eastern line of said George Street 63.5 feet to a point at comer of Lot No. 11 on the: hereinafter mentioned Plan of Lots; thence in an Easterly direction along the line of said Lot No. 11, 310 feet, more or less, to an iron pin at a corner oflands now or formerly of May Sultzberger and others: thence in a Westerly direction along lands of the United States of America, 314.46 feet to a point on the Eastern line of said George Street and at the Place of Beginning. - BEING lot numbered 12 on a Plan of Lots known as Green Acres, which Plan is recorded in the Recorder's Office in and for said Cumberland County, Plan Book 4 at Page 4. BEING the same premises which Miriam Burdge Krick, by Deed dated 04/07/99 and recorded 04/21/99 in Cumberland County Record Book 197, Page 942, granted and conveyed unto Harry O. Krick, Jr. and Cricket M. Krick, husband and wife; and Owen Orville Krick, unmarried, in fee. SEE ATTACHED COURT ORDER GRANTING HARRY o. KRICK, JR. AND CRICKET M. KRICK AUTHORITY TO MORTGAGE THE INTEREST THAT OWEN ORVILLE KRICK, MINOR CHILD, HAS IN THE ABOVE REFERENCED PROPERTY. Parcel No: 20-24~0785-1l9 OK t 77 6 PG 0 9 9 8 P.O. Box U"O S.... AlIa, CA '2711-1"0 )1) ~l~~r 71&2 63!9 3060 0342 6549 1anuary OS. 2004 HARRY 0 KRICK JR CRICKET M KRICK 115 S GEORGE ST MECHANICSBURG, PA 17055 '110 I "Me EXHIBIT ,A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS O)l'POLICY Loan Number: 0038442S-~7 Property Address: 115 S GEORGE STREET. MECHANICSBURG PA. 17055 OrigiDal Lender: Ameriqucst Mortgage Company Current LendedServicer: U Am.eriqucst Mortgage Company THIS Ji'DlM IS A DEBT COLLECTORATTJ:MPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'l"RMPT TO COLLECT 'tHI: INDEBTEDNESS UnllRED TO HEDIN AND ANY INJ'ORMATION OBTAINJ:D ROM YOU WILL BE usn )l'OR THAT PUllPOSE. IJi' YOU SAn PDVlOUSLY UCJ:1VJ:D A DISCHARGJ: IN BANKRUPTCY, THIS COIlUSPONDENCJ: IS NOT AND SHOULD NOT BE CONSTIlUED TO B:I AN ATI'J:MPT TO COLLECT A DEBT, BUT ONLY ENJI'ORCEMENT 0)1' A LIJ:N AGAJNST PROPERTY. Tills I. IB offidll notice that tile morine.. nor IlOde I. Ia del..lt. aa. tlte leader latead. to foreclose. Speelfk Jaf_adOll &hoet the .atare 01 the del..1t I. .nJided Ia the a<<aged ...es. Tile HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HJ.:MAP) may be able to help to I&ft YHr home. This Nodee explaia. lI.ow the protrua works. . To see if JlEMAP CIB ..e.... YOU ...st MEET WITH A CONSI1MJ:R CUDIT COUNSELING AGENCY WITHIN 30 DAYS 0)1' TJIJ: DA TJ: OJi111UfNO'l'ICI:. Take t.... Notice with YOU wh. Joe meet with the Cooasellal AleBey. Tile a..e. addreu IBd pboae ....ber of C......er Credit Cou_sellal Areades lemal your County are listed at the ead of tIli. Notice. If yo. Itave IBY aaestio.s. YCMl an ull the Fe_sylvala Hoa.iat Fi.anee Area" toll free at t-800-U2-2397.lPenoa. wit.. bDpured Itearial can call (717) 780-t8'9). Tills Notice eoaWa. importat Iqallafonaatloa. If yo. have aay questions, repretelltadves at tile C.._er Credit C..sellal Apaq ..ay be able to Ilelp explala It. Yoe ..ay a110 want to eoatact aa attorney ia ,.owr area. T"e loeal bar usoelatioa ..a,. be able to Itel, "08 fiad a lawyer. LA NOTmCACION EN ADIUNTO ES DE SUMA IMPORTANCIA, PlrJ:S ARCTA SU DEIlJ.:CHO A CONTlNlJAR VIVIENDO EN SU CASA. 81 NO COMPUND:I EL CONUNIDO Dt ESTA NOTD'lCACION OB'nNGA UNA TIlADUCCION INMJ:DITAMJ:NTE LLAMANDO ESTA AGJ:NCIA (pENN8YLV ANIA HOUSING J1NANCE AGENCY) SIN CARGOS AL NUMERO MIlNCIONADO Ifl) 11N1NCPII-tI ARRIBA. PUDES SER ELEGmLE PAllA UN PUSTAMO POR EL PROGJlAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROIGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DEUCHO A UDIMIR SU BIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLl: FOR J'lNANCIAL ASSISTANCE WIDCH CAN SA VI: YOUR HOME FROM J'OUCLOSUJU:, AND HELP YOU MAD J'UTUU MORTGAGE )'AYMENTs IF YOU COMPLY WITH THE PROVISIONS OJ' THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OJ' 1983 (THE "ACT"), YOU MAY BE ELIGDLJC J'OR EMERGENCY MORTGAGE ASSISTANCE: 'Z IF YOURDEJ'AULT HAS BEEN CAUSED BY CIItCUMSTANCES BEYOND YOUR CONTROL, '% IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE 1'0 PAY YOUR. MORTGAGE PAYMENTS, AND 'Z IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING J'lNANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are cutilded to a tempor8ly stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Daring that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies lillted at the end of this Notice. THIS MEETING MUST OCCUR. WITBIN TIlE NEXT (30) DAYS. IF YOU no NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR M()RTGAGB UP TO DATE: THE! PART OF TInS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If yoll meet witIa. OM of the COJlS1UJlCr credit c:ounscliag a~acv listed at the cad of this notice. the lender may NOT take acUoa agaiast YOU for thirty (30) clavs after the elate of this mectiag. The Dames. addresses aud telephone numbers of desiftlllfed couamer credit counsclins agcacies for the county in which the property is located arc set forth at the end of this Notice. It is only necessary to schedule ODe face-to-face meeting. Advise your lender immediatcJy of your intClltiODJ. APPLlCATJON J'01l MOIlTGAGE ASSISTANCE - Your mortgage is ill a default for the ICASODJ act forth later in this Notice (see following pages for specific iDformation about the Daturc of YOUl default.) If yoa have tried aDd are 'lIDable to resolve this problem with the lender, yoa have the right to lIpply for fiaancial usistaAcc nom the Homeowner's Emcigcncy Mortgage Assistance ProgJam. To do 50, you malt :ml oa1, alga 8Dd file a complctCcl Homeowncr's Emergency Alaistauoc Program Applicatioa with one of the deuipatecl coDJalller credit COUDJeliag agcacies listed at the end of this Notice. 0aIy consumer credit counscling agcllcies have applications for the program and they will assist you in sabmittiag a complete application to the Pcusylvaaia Housing FiDlUlCC Agency. YOlll application MUST be filed or postmarked within thirty (30) days ofYoaJf face-to-face meeting. YOU MUST FO..E YOUR. APPLICATION PROMPTLY. IF YOU PAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FOIlTH IN THIS LETTER, FOUCLOSUU MAY PIlOCEED AGAINST YOUR. HOME IMMEDIATELY AND YOUR. APPLICATION I'OR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fuads for emergency mortgage assistance Be vcry limited. They wiD be disbursed by the Agency under the eligibility criteria CllIablished by the Act. The PeDasytvauia Houalng FiDaace Ageacy has alxty (60) clays to make a decisioa after it receives yoar application. Daring.1d time, no forcclosute proccediDgs will be parsaed against you if you have met the time requirements act forth o:m. You will be notified directly by thc Pennsylv8Dia Housing Finance Agcncy of its decision oa Y01Il-application. 'M~,""l January 05,2004 Loan Number: 0038442547 NOTE: IF YOU ARE CUIUU:NTLY Plt.On:CfED BY THE F"[LING Oil' A PETITION IN BANIOlUPTCY, THE FOLLOWING PAlt.T OF THIS NOTICE IS )l'OR INFORMATION PlJIlPOSES ONLY AND SHOULD NOT BE CONSmElt.ED AS AN ATTJ:MPT TO COLLECT THE DEBT. (II you. have filed bankruptcy you. ean liill apply for Emel'JeIlCY Mort.a. Assistanee.) HOW TO CUD YOUR MORTGAGE DEFAULT (JIri..'t w. to date). NATURE OF THE DEFAULT -The MORTGAGE dcbt by the abovelendcr on your propertylocted at: at liS S GEORGE STREET, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEPAUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for IIhe following months and the following amounts are now past dlle: 11101103 thru o 110 l/04 at $727.42 per month Monthly Payments pins late charge or other ~ees: $2300.00 Total Amount to Cure Default: $2300.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION ~Dot use iraot applicable): N/A BOW TO CURl: THE DEFAULT -You may cure the default within THIRTY (30) DAYS oftheclate of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO mE LENlIER. WHICH IS $1300.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCH B:BCOME DUE DURING THE TIllR.TY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or moneY order made Jl8yable and sent to: . AmCIiiquest Mortgage Company 505 City Parkway West. Suite '100 Oranll~, CA 92868-2912 You can cure any other default by taking the following action within TIDRTY (30) DAYS of the date of this letter: (Do not use ifDat applicable.) N/A IF YOU DO NOT CURl: 11IE DEJ'AULT-IfY01l do DOt care the default lIitmaTHIR.TY (30) DAYS of the date of this Notice, tlte leader iateads to exereJse ita rip" to acedent. the mOI~,ap debt. nis meaDS that the entire outstandiag balaDce of this debt will be coDSidcrtd clue immediately and you 1l1IA1 lose the clwacc to pay the mortgaAC in montlaJy instaUm.ents. II fall payment of the total amoUDt past duc: is not made within THIRTY (30) DAYS, the Ic:ader also intends to instruct its attorneys to start legal actiOD to fl.reelose .poIl Joar mon,aaed property. IF THE MORTGAGE IS )l'OllECLOSED UPON - The mortgaged propeJlty will be sold by the Sheriff to pay off the mortgage debt. II the lender refers your case to its attorneys, but you cure the delinquc:acy before the lender bcginJ Jegal proceedings against you, yoo will still be required to pay the reaselnable dorney'l fees that were actnaDy incurred, up to $50.00. However, iflcgal proceedings arc started agaillSt you. you wiD have to pay aD reasoD8ble aUorney's fees actually incurred by the lc:ader eve_ ifthcy exceed $50.00. AIry aUorney's fees will be added to the III101IIlt you owe the lc:ader. which may also incluclc other rcasoJlllblc coati. II you. CD re tile defaalt with'. the THIllTY (30) DAY period. J08 wlllaot be reqaired to pay a<<oneY'1 fees. OTJl);R LENDER REMEDIES - The lender may also sue yon personaDy fc>r the anpaid principal balance lUId aD other sums due UDder the mortgage. IUGHT TO CUD TIlE DEII'AULT PIUOlt. TO SHERIJ'Il"S SALE - Ifyoo have BOt cared the default within the THIRTY (30) DAY period and foreclosure proccediDgI have begun. JmLJljJl have the tiaJd to cure the default and prevent 6e sale at any time 1IIl to one hoar before the Sherift'1 Sale. You. IiIIA}' clo 10 by paying the total amount then put due, plullDY late or other charges then clue. reasonable attorney'1 feci u4 COlts cODBectcd with the forcclosuJC sale and 8DT other costs coDDC<:ted with the Sheriff's Sale as lDCCifiied in writina by the lender and by PAACTltHCPfe-a perfomUDg any other requirements under the mortgage. Curiag your default ia the mUlDer set forth ia this notice will restore your mortgage to the same position as if you had never' defaulted. EARLRST POSSIBLE SHERIFF'S SALE DA T:E -It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately (6j l..iONTI-IS nom the date of this Notice. A notice of the ac:tual date of the Sheriff's Sale win be sent to you before the sak Of course, the amoUDt needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIIJ: LENDER: AIIleriq.est Mortlale Compoy PO Box 11000 Or.... CA 92711-1000 PIloae N.mber 800-430-5161 Pax Number 714-347-5037 :EFFECT OP SBE:RIFF"S SALE - You should realize that a Sheriff's Sale will end your ownership ofllie mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be staded by the lender at any time. ASSUMPTION 01' MORTGAGE - You _ mayor..L.... may not (CHECK ONE) seD or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requilremems of the mortgage are IatisiJed YOU MAY ALSOHAVEmE.RIGH1r: 'Z TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO :PA Y OFF THIS DEBT. 'Z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 'Z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER., YOU DO NOT HA VB THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 'Z TO ASSEllT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIIER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, 'Z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACI'lON BY THE LENDER. 'Z TO SEEK PROTECI'lON UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CUBIT COUNSELING AG:ENCIES SEIlVING YOUR COUNTY AU ATTACHED Very Truly Yours, Ameriqucst Mortgage Company Cc: Amcriquest Mortgage Company Attn: Collections DcpartmCllt Lou Number: 0038442547 Mailed .y ht Clall Mall ..d by Certified MaD .."',.._,..,.. Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg. P A 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region IS 14 Derry Street Harrisburg. P A 17104 (717) 232-9757 FAX (717) 234-2227 AGI'fM'........ Financial Counseling Services of Franklin 31 West :Jrd Street Waynesboro, P A 17268 (717) 762'.-3285 YWCA of Carlisle 301 G Street Carlisle, I>>A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 . , I ' t I IN RE: OWEN ORVILLE KRICK, : a Minor IN THE COIURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION . . NO. 98 - 7:29 ORPHANS' ORDER OF .COURT AND NOW, this 5 ni day of (] (!.. 1:.. . ~. 1998,' upon consideration of . I I I ! J I I I CUmberland County. Pennsylvania, and to execute said mortgage on behalf of their minor son. I I Petioner's Petition, and after a hearing on this matter held September 30, 1996. it is hereby ordered that Petitioners HARRY O. KRICK, Jr., and CRrCI<:ET M. KRrCK are hereby authorized to place a mortgage on the property at 115 South George Street, Mechanicsburg, OWEN ORVILLE KRICK, a part owner of the aforesaid pmperty. l.,<l~M e.~4 .pwy-/ deorge E. err PJ A TP.Vi; CO?'! F?CM RECORD In Tt{1tlt:~;...~, .:."', .~.; ~~. t f1 :~t."~n}') ::'~! I'!!}' h~nd $~~~;l~ - Cumbertend Ooonty BK J 116 PG 0 9 9 9 ~ GOLDBECK McCAFFERTY & McKEEVER BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 505 City Parkway West Suite 100 Orange, CA 92868 IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 'IS. No. 04-1142 CIVIL TERM CRICKET M. KRICK and HARRY O. KRICK JR., Individually and as guardians of OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 ORDER AND NOW, this/..2-~ayof~ , 2004, upon consideration of the : I Motion to Amend Complaint and Memorandum of Lav' ;Jnd Response (if any) filed by Defendants, it is hereby ORDERED that Plaintiff is hereby authorized to file and serve upon Defendants an Amended Complaint in the form attached to this motion as Exhibi1tB. BY THE COURT: )41i~ ~ ~ J. TAUI: COPY FROM RECORU tn T Ntimony wher6Of, I here unto set my haftd and the neat of said Court at CarlisJe. Pa. ~~~y~ (2~zl::o/;: J Prothonotary VERIFICATION JOSEPH A. GOLDBECK, JR. hereby states that he is the attomey for Plaintiff herein, and that all of the facts set forth in the attached Amended Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S., section 4904. ------ (') c: ~ '\J t:O IT'PI z:-.ct -:; ~- - Vi ): r~ ' ~ ;t-:- () ?t-) p- c: "7 ~ ~ ...., c:;::> = .z;- ::z: c::::> ...::: f',,' (..) ~ :r ~~ :0 Ii'. So :.r: ..,.-, o:::!J ..,.("') 0'" ::-~ ~ -0 :J:: r- o 0"\ GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SIlITR 50lltI - MF,I"'oN INOF,PF.NORNCF, CF,NTF,R 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CNIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. Term No. 04-1142 CNIL TERM CRICKET M. KRICK and HARRY O. KRICK JR. Mortgagor(s) 115 S. George Street Mechanicsburg, PA \7055 Defendant(s) CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on / 6? / 13 / tJ 'i he did serve upon Defendant(s) CRICKET M. KRICK and HARRY O. KRICK JR. a true and correct copy ofthe above-captioned Amended Complaint by certified and regular mail Pursuant to Rule 440(a)(2)(ii). The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. RespectfullY subm itted, /j/ ,_ / f ()liir \.' ~ "', "',.,',< GOLDBECK MccAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK. JR. ESQUIRE r-<) ~?~; "', ~- c' --n "-:--1 r;~ ;:.;.:.:: c.) r'..) c' (T' SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01142 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KRICK CRICKET M 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 KRICK HARRY 0 JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KRICK HARRY 0 JR 116 NORTH HANOVER STREET #5 CARLISLE, PA 17013 KRICKS WERE EVICTED FROM 116 N HANOVER ST CARLISLE. THEIR MAIL IS BEING HELD AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So ans~S/... .' / > ... .......... ~~ ~~::~~ R. T~S Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 01/04/2005 Sworn and subscribed to before me this *' IV - day of 0.-<"'7 .J .,)il1J5 A.D. p~taS ~.# SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01142 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KRICK CRICKET M 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 KRICK CRICKET M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KRICK CRICKET M 116 NORTH HANOVER STREET #5 CARLISLE, PA 17013 KRICKS WERE EVICTED FROM 116 N HANOVER ST CARLISLE. THEIR MAIL IS BEING HELD AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5.00 10.00 .00 36.70 So answers-'-___~ -,"-::..-:~~"':::: ~' ji7~~'::;;0-~ / R.' ThofuSs Kline Sheriff of Cumberland County ~ GOLDBECK MCCAFFERTY MCKEEVER 01/04/2005 Sworn and subscribed to before me this "" 1'1 - /~, day of YA>>A-J 2/JV( A. D. , ){1t' Q 'Jh,pi" , # Pro honotary , - GOLDBECK McCAFFERTY & McKEEVER BY: Jo'seph A. Goldbeck, Jr. Attorney 1.D, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC, ASSET BACKED PASS-THROUGH CERTIFICATES, SERlES 2002-4 UNDER THE POOUNG AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs, CRICKET M, KRICK Individually and as guardian afminor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK (Mortgagor(s) and Record owner(s)) 115 S. George Street Mechanicsburg, P A 17055 No. 04-1142 CIVIL TERM Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMP ANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE, and against CRICKET M, KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK and HARRY 0, KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $96,446.25. Joseph A. GoldbecK, r. Attorney for Plaintiff I hereby certify that the above names are correct and that the precise resid nce address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that the name(s) and last knowu address(es) of the Defendant(s) is/are CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK, 115 S. George Street Mechanicsburg, PA 17055 and HARRY 0, KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK, lIS S. George Street Mechanicsburg, P A 17055; f\ GOLDBEC BY: Joseph A. 0 Attorney for Plaintiff\ \ ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $80,883.72 Interest from 1 % 1/2003 through 03/29/2005 $9,505.86 Attorney's Fee at 5.0000% ofpnncipal balance $4,044.19 Late Charges $596.35 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $516.13 ($0.00) $96,446.25 GOLDBECK BY: Joseph A, Goldbe Attorney for Plaintiff AND NOW, this /.J+~ day of ~p~' L ,2005 damages are assessed as above. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK, is about unknown years of age, that Defendant's last known residence is 115 S. George Street, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK, is about unknown years of age, that Defendant's last known residence is 115 S. George Street, Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ,OF AMERlQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 04-1142 CIVIL TERM vs. CRICKET M, KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR, Individually and as guardian afminar child OWEN ORVILLE KRICK (Mortgagor(s) and Record Owner(s)) 115 S. George Street Mechanicsburg, P A 17055 Defendant( s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CRICKET M. KRICK Individually and as guardian afminar child OWEN ORVILLE KRICK and HARRY O. KRICK]R, Individually and as guardian afminar child OWEN ORVILLE KRICK by default for want of an Answer. Assess damages as follows: $96,446.25 Debt Interest - 1010112003 to 0312912005 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the arty against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at st ten ys prior to the date of the filing of this praecipe, A copy of the notice is attached. RC.P, 237.1 AND NOW , J dgme t is entered in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES lNG, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE and against CRICKET M, KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK and HARRY O. KRICK JR. Individually and as guardian afminor child OWEN ORVILLE KRICK by dcfault for want of an Answer and damages assessed in the sum of $96,446.25 as per the above certification. Prothonotary - ---------------------------------- AMQ-0167 . THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 3, 2005 TO: CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS.THROUGH CERTIFICATES, SERIES 20024 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway We$t Suite loo Orange, CA 92868 In the Court of COllUTlOn Pleas of Cumberland County CIVIL ACTION. LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Tenn No. 04-1142 C[V\L TERM v, CRlCKET M. KRICK lndividually and as guardian of minoT child OWEN ORVILLE KRICK HARRY O. KRICK JR. lndividuatly and as guardian of minor child OWEN ORVILLE KRICK (Moltgagor(s) and Record Ownel'{s)) 115 S. George Street Mechanicsburg, PA 17055 Defendant(s) TO: CRICKET M. KRICK Individually aud as guardian of minor child OWEN ORVILLE KRICK I \ 5 S. George Street Mcchanicsburg, PA 17055 IMPORT A NT NOTlCR YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER 1\ WRllTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY WSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS 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 1\ LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU wrrn INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGlBLE PERSONS AT A REOUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle., PAt 70 13 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle,PA 17013 ~~ GOLDBECK MeCAFFERTY & MeKEEVER BY: Joseph A. Goldbeck. Jr" Esq. ___~_ ___ ______~___ Attorney for Plaintiff Suite 5000 - Mellon IndqJcndence Center 701 Mwkct Street Philadelphia, P A 19106 215-627-1322 AMQ-0167 .THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 3, 2005 TO: HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURfTlES INC.. ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002.4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 In the Court of Common Pleas of o.unba"land County CIVIL ACTION . LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Tenn 1'0.04.1142 CIVIL TERM YS. CRICKEr M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRlCK JR. lndividu<llly and as guardian of minor child OWEN ORVILLE KRICK (Mortgl'lgot1S) and Record Owner(s)) I. 15 S. George Street Mechanicsburg, PA 17055 Oefendant(s) TO: HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 TMPORT ANT NOTTCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRrITEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE iN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHiN TEN (] 0) DAYS FROM THE DATE OF THlS NOTICE, A JUDGMENT MAYBE ENTERED AGAiNST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGIITS. YOU SHOULD TAKETHlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATiON ABOUT HIRiNG A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCiES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES iNC 8 Irvine Row Carlisle, PA 170/3 7]7.243.9400 CUMBERLAND COUNTY BAR ASSOCIA T]ON 2 Liberty Avenue Caliisle, P A 17013 ;fJIt~ GOLDBECK M,CAFFERTY & M,KEEVER BY: Joseph A. Goldbeck, Jr:~_ Attorney for Plaintiff Suite 5000 - Mellon Independence Center 70 I Market Stl-eet Philadelphia, PA t9106 215-627-1322 AMQ-0167 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 3, 2005 TO: CRICKET M. KRICK IndividuaUy and as guardian of minor child OWEN ORVll..LE KRICK 116 N Hanover Street 5 Carlisle. P A 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT 0/\ TED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION. LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Tonn No. 04.1142 CIVIL TERM vs. CRlCKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK (Mortgagor(s) and Record Owner(s)) 115 S. George Street Mechanicsburg, PA 17055 Defendant(.<,) TO: CRICKET M. KRICK IndividuaUy and as guardian of minor child OWEN ORVILLE KRICK 116 N Hanover Street 5 Carlisle, P A 17013 IMPORT A NT NOTlC'F. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN 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 (1 0) 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 TillS PAPER TO YOUR LA WYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT M/\ Y OFFER LEGAL SERVICES TO EUGlBLE PERSONS AT A REDUCED FEE OR NO FEE LEGAL SERVICES INC 8 bvine Row Carlisle, PAt 70 13 717.243.9400 CUMBERLAND COUNTY BAR /\SSOCIA TION 2 Liberty Avenue Carlisle, PA 170lJ EVER ----------- --------------- - ----------------------- AMQ-0167 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMA nON OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 3, 2005 TO: HARRY O. KRICK JR. Individuaily and as guardian of minor child OWEN ORVll.LE KRICK 116 N Hanover Street 5 Carlisle, P A 17013 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES INc., ASSET BACKED PASS.THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOUNG AND SERVICfNG AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite tOO Orange, CA 92868 [n the Court of Common Pleas of Cumberland County CIVIL ACTION . LAW ACTION OF MORTGAGE FORECLOSURE ?faintiff TenT! No. 04.1142 CIVIL TERM vs. CRICKET M. KRICK lndivldually and as guardian ofminm child OWEN ORVlLLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK (Mortgagor(s) and Record OwneJ{s)) liS S. George Street Mcchanicsburg, PA 17055 Defendant(s} TO: HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 116 N Hanover Street 5 Carlisle, P A 17013 TMPORTANTNOTTCF, YOU ARE fN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRmEN APPEARANCE PERSONALLY OR BY A TlORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE ClAlMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF 11IIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGlITS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 'TELEPHONE THE omCE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFlCE MAY BE ABLE TO PROVIDE YOU WITH INfORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 ltvtne Row Carlisle,PA 170J3 717-243.9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Uhe!ty Avenue Cal1isle, PA 170]3 -fi?'t~ .______________ _ _ _________-=LDBECK-McCAI'J1ERl'\'-&.M~---------- BY: Joseph A. Goldbock, Ir., Esq Attorney for Plaintiff Suhe 5000 - Mellon Independence Center 701 Ma.rkel Street Philadelphia, PA 19106 215-627-1322 ----------- ~._._~---------- ------------- - -- -- - -- -------- AMQ-0167 'THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 3, 2005 TO: CRICKET M. KRICK Individually and as gnardian of minor child OWEN ORVILLE KRICK 807 CNUS Hwy15 DiIl,burg, P A 17019 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Of AMERIQUEST MORTGAGE SECURITIES ING, ASSET BACKED PASS.THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION. LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Tem No. 04.] 142 CIVIL TERM YS. CRICKET M. KRlCK lndividually and itS guardian of minor child OWEN ORVILLE KRICK HARRY O. KRJCK JR_ lndividually and as guardian of ItItoorcbild OWEN ORVILLE KRICK (Moltgagor(s) and Record Ownel{s)) 115 S. George Street Mechanicsburg, PA 17055 Deftnda/tr(s} TO: CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 807 CN US Hwy IS Dillsburg, PA 17019 IMPORT A NT NOTTCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY A1TORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SEf fORTH AGAINST YOU UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY lDSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFfiCE SET FORTH BElDW 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 THAr MAY OfFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES lNC 8 Irvine Row Carlisle, PA 17013 7]7-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 liberty A venue: Carlisle, P A ] 70 13 C McCAFFERT B . oscph A. Goldbeck, Jr., Esq. __,_,_________~___..___.~ _ ____._.___.__.______.__________~'"_ ___ __----Attgmey..fer-Waifltiff..--.------.-------~--------.-~ Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 AMQ-0167 , .THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: March 3, 2005 TO: HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 807 eN us Hwy 15 Dillsburg, P A 17019 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS.THROUGH CERTIFICATES, SERIES 20024 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 [n the Court 'Of Common Pleas of Cumberla.nd County CfVILACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Tenn 1'0.04.1142 CIVIL TERM vs. CRICKET M. KRICK Individually and as guardian of minor cbild OWEN ORVILLE KRICK HARRY O. KRICK JR, lndividuaHy and as guardian of minor child OWEN ORVILLE KRICK (MOItgagor(s) and Record Ownerts)) 115 S. Gemge Street Mecbanicsburg, PA 17055 Defendalll(s) TO: HARRY O. KRICK JR. Individually and as guardla. of minor child OWEN ORVILLE KRICK 807 CN US Hwy 15 Dillsburg, PA 17019 IMPORT A NT NOTICF YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRJTIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOur A HEARING AND YOU MAY WSE YOUR PROPERTY OR OTHER lMPORT ANT RJGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HlRlNG A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMAT10N ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 hine Row Carlisle, PA 17013 717-24J.9400 CUMBERLAND COUNTY BAR ASSOClA TION 2 Uberty Avenue Carlisle, PA 17013 :fJ't~ - --- ~---- ----- -- --------.------~--_GObI)BEGKMcA;AFFER~&_MelffiE\lER_---.---~,- BY: Joseph A. Goldbeck, Jr., Esq Attorney for Plaintiff Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 --v::,. \.::> .,.C) c~'\t~ f; -. ~ -J \TI en ~ If- ~ ,i ~ 1- ~ f-? C} ',~_:~~ ~'h S~- ",;J' '~.,.;. " ~;:" ' \ ~ , c~:; ::2. (.:) ...~;. '';''''~' ~' ~ ------ Rl!le ot"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 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 04-1142 CIVIL TERM VS. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK (Mortgagors and Record Owner(s)) 115 S. George Street Mechanicsburg, P A 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary ~~ ()~ C - 2 ./~Cl2frz.1.ul Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19]06 2]5-627-]322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 , - JoseJlii A Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. No. 04-1142 CIVIL TERM CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) 115 S. George Street Mechanicsburg, P A 17055 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $96,446.25 Interest from 10/0 1/2003 to 03/29/2005 at 7.7500% (Costs to be added) GOLDBECK M BY: Joseph A Attorney for Plai \ ~ ... ~ "" ~~ f-<~ ,..l~ ~o e 2: u "U ... f-<~O ~~ 00 ou :Z:... 0:: ... ~ ~ c/l(/)vlU ...:::J~~N ---:f-<",:UO r:;2u~O ~5i:d~N. p..u-~'--< ::2~t;Vl~ OVl~~~ U~U i!l ...~= ::2~ ~~~~~~ f-<0~5:Z:0 ~::21S~~iIl Z [-4' c.f)D::: 8iZ~q;j"':5 ,:;::O;;;f-<@O ,,0 ~...= :Z:i'il~~'<f-< ~~~~e~ i!l,,-<i!l'1ffi ~0f-<8::2 "'U~~O~ ~VlN~ 1/Jr-rJ:::V)P::: 5e1l~::Jo ~~u~...: of-<~Bi o 1:.:J -- ~- -~ '-7 - - "';~- .<.r \ ~ .':- ~.~ 'c:' ,.r;> CJ ({:i ,j, ;> '" g 4-< <g 0 4-. ~ o -e g a .~ -e 0 ~ ~ '" d b.Ou"- a C<3 r/l- ~ 5h~~~t~ '" r/l U d l./l "6"~0-0 "'0 >-.~ (1) r:- d ~.....l"d~'-< ""wgs:s(/;<c .b,....1"d~oop.. d ,....1 "> 0 ~ ~ bfl ..a ~:..::::z: ~ 0 ....0 'u".'u -'-I (\) .s: ~ .s ~ g 0 ~ 'B 0 pi. ~ ~ <Ii ." .Ez~o~lIig ~i;~-eo--e U?u:-;:::~,......o i'il 0:;2 -e ~ ::2 ~:a~BO :E < d ::2 ::2"Og~ 8 ~ SJ = ~ U -,j. '7------< -+/1: ctM t ~J I ~ , ~}... ~ o .... ... ., u ~ ~ ... a ...05 oil ... .. ~~ " ~- 0" ... 0 ... e:: u ~ "" '" - < ~ ,- ~J (~) '3 ~ lJle>.. G.~ \ I I Cl\:J~J()() () <::-,-:1[" GL. ..9--9 "'\)-(($ r<) " '" '"' I () ::r- ::r- o .'0 ~i \J \/) -\:i- (J G '\:>J .; ~4-< ~~.~ " ." " " :gp: - '" c3~ ~~ "" e ",0 ,,'" ~...: ~ '" " .. " " " ~u ~ 8 '-' d ~..gz .~ d " "," J:j :c fr ell 1-<] "0 ,,~ "" t:: d .... " 0 " u:=:::2 ,-," - ~::20 -'" I r- '-'0 ~g :9'" o " IJ.s ell 1 11 -r <~ 3 ~ N) t\ ~ <:::.) ~ Gl In r-!, ~ w -r JlJ dJ -.J d (Y. i a ALL THAT CERTAIN part lot or piece of ground situate, lying and being in the City of Shamokin, formerly the Borough of Sham ok in, County of Northumberland and Commonwealth of Pennsylvania, and being known, designated, and described on the general plot or plan of said City of Sham ok in, as a portion of Lot-numbered Thirty-Eight (38) in Block numbered One Hundred Fifty-Two (152) and being more particularly bounded and described as f(Jllows, to wit: BEGINNING at a point on the South side of Sunbury Street, said point being Eight-seven (87) Feet, One (I) Inch East of the southeastern comer of Franklin and Sunbury Streets, and being on the division line between Lots numbered Thirty-eight (38) and Thirty-nine (39) in Block numbered One Hundred Fifty-Two (152); thence in a southerly direction and parallel with Franklin Street, along the division line between Lots Numbered Thirty-Eight (38) and Thirty- nine in said Block numbered One Hundred Fifty-Two (] 52); one hundred (i 00) feet to a point; thence in a westerly direction parallel with Sunbury Street, twenty (20) Feet and Eight (8) Inches to a point; thence in a northerly direction and parallel with Franklin Street through the middle of the partition wall which divides thc dwelling erected upon the place of ground intended hercby to be conveyed tl'om the dwelling adjoining it on the West One Hundred (100) Feet to the southem line of Sunbury Street in an easterly direction along the southern line of Sunbury Street; Twenty (20) Feet and Eight (8) inches to the place of Beginning, and having erected thereon one. three- story (3) brick dwelling of row of Three (3) brick dwellings and known as 608 East Sunbury Street. Tax Parcel No. 20-24-0785 Having thereon erected a dwelling known as 115 S. George Street. Mechanicsburg, P A ! 7055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1142 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 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2002, WITHOUT RECOURSE, Plaintiff(s) From CRICKET M. KRICK INDIVIDUALLY AND AS GUARDIAN OF MINOR CHILD OWEN ORVILLE KRICK, HARRY O. KRICK, JR. INDIVIDUALLY AND AS GUARDIAN OF MINOR CHILD OWEN ORVILLE KRICK (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,446.25 Interest FROM 1011/03 TO 3/29/05 AT 7.7500% Atty's Corom % Atty Paid $204.40 Plaintiff Paid Date: APRIL 4, 2005 L. L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon:a p 7 . ~: fVL f/ 7J- "z/2cLu Deputy .------ REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQillRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court lD No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney 1.D. #16132 Suite 50,QO - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK (Mortgagor(s) and Record Owner(s}} 115 S. George Street Mechanicsburg, P A 17055 No. 04-1142 CIVIL TERM Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 115 S. George Street Mechanicsburg, P A 17055 I.Name and address ofOwner(s) or Reputed Owner(s): CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg. P A 17055 HARRY O. KRICK JR. Individually and as gUludian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK liS S. George Street Mechanicsburg, P A 17055 HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, PAl 7055 3. Nam" iind last known address of every judgment creditor whose judgment is a record lien on the property to be sold: " DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be aflected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 115 S. George Street Mechanicsburg, P A 17055 (attach separate sheet if more space is needed) [ verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK McCA BY: Joseph A. Goldbec Attorney for Plaintitl DATED: March 29. 2005 .--; , o ~:,:. ~, ..;::.> ,-.::) eft "T'"."'" ::'~,) ;:u I .r;.- (-.') ';;'1-' .-\ -c ~i.., l"i,l,t=; J'-( 'C) ~~ ~--, o CJ ,...-~] .~ , 04-1142 CIVIL TERM ... GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorneyl.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. Term No. 04-1142 CIVIL TERM CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) liS S. George Street Mechanicsburg, P A 17055 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK, CRICKET M. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 Your house at 115 S. George Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,446.25 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED 1 "" 04-1142 CIVIL TERM PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE against yon. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you mnst take innnediate action: 1. The sale will be cancelled if yon pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees dne. To find ont how mnch yon mnst pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Conrt to postpone the sale for good cause. 3. Yon may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the bnyer pays the Sheriff the full amount due in the sale. To find ont if this has happened, you may call the Sheriff of717-240-6390. 4. If the amonnt due from the Buyer is not paid to the Sheriff, yon will remain the owner ofthe property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribntion of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribntion is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 04-1142 CIVIL TERM r....' c::) ,.-::.:0 ,,-,1 ~~; () -" .-\ ~I~ 11-\ :;;,J I .t."- -. :.:-:-;" C) Cl 04-1142 CIVIL TERM tjOLDBECK McCAFFERTY & McKEEVER flY: Joseph A. Goldbeck, Jr. , AttorneyID.#16I32 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. Term No. 04-1142 CIVIL TERM CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) 115 S. George Street Mechanicsburg, P A 17055 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KRiCK JR. Individually and as guardian of minor child OWEN ORVlLLE KRICK, HARRY o. HARRY O. KRICK ,JR. Individually and as guardian of minor child OWEN ORVILLE KRICK I] 5 S. George Street Mechanicsburg, P A 17055 Your house at lIS S. George Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,446.25 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED 04-1142 CIVIL TERM . ~SS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE against you. 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the jndgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find ont the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call the Sheriff of71 7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (] 0) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act inunediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 04-1142 CIVIL TERM () ~, C-:.:~ ;'") eJ' (J .-n 3:'""" .r::: .,..',-' I ~l:-:- (:J o J~ ". GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attome for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS- THROUGH CER TIFICA TES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 AMQ-0167 CF: 03/18/2004 SD: 09/07/2005 $96,446.25 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-1142 CIVIL TERM Plaintiff vs. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) 115 S. George Street Mechanicsburg, PAl 7055 Defendant(s) ~ ( ) ( ) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defetan~fthe ~~~b~hH!~~ wsMdVia: N.D.S. ,iJJ't,' DII ill!" ID5 f~ersona~ce by the Sheriff's O~ce/.I .y~M".J 11 ( fJ'~" M~' Ill' i . Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached).CnC(d: Certified mail by Sheriff's Office. Jtll~ Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record ()I\ (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). ( ) The undersigned understands that the statements herein are subject to the penalties provided by 18 P. Section 4904. ,.,., o o o 1(':>3 >-.....,''(;,::;; D f1estlCtC DerlVe!1 f~l r-=r (Encfo,sP/1 tnt ~Eq."e; 111 ru 0- ". _" ~ ,.... ..-.t ~-.4 lbta;Fcsag'JI~"el'! I~. ~.__ _.._ g ;n:,----....-.._ -"--.- Ar.l€I 8167 "/7 !2 ~,........,jnc.K..I I H.V.l.QW.a~l-y....a.n.d...;tS...a.LJ I - ':'U6f!t, Api. Va., ....-. ~~~O~'"....... .,~ .'I"~' ._.~.;~:..?.~...::>.;;~.~'l.el'7t ""5' CiIy,Stal"..,P.4 ,I, (1')111C"uurg,~" u', ~lI!m! 'I H 1111. .~,. ""~"li,I"'''''''''1lI!1I Certified Mail Provides: . A mailing receipt . A unique identifier tor your mailp;ece . A record of delivery kept by the Postal Service fOT two years Imp.ortant Reminders: . Certified Mail may QNL Y be combined with Fir5t~Class Ma;\.n! or Priority Maill!ll. . Certified Mail is not available for any class of international mall. ~ . NO INSURANCE COVERAGE IS PROVIDED with Certified MaiL For valuables, please consider Insured or Registered Mai\. . For an additional fee, a Return Receipt may be requested tOJ'ToVide proof at delivery. To obtain Return Receipt selVlce. pfease complete an attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the tee. Endorse mailpiece ~Return Receipt Requested". To receive a tel, waiver tor a duplicate return receipt, a USP$e postmark on your Certified Mall receipt is reqUired. . For an additional fee, delivery may be restricted to the addressee or addressee's authorized agl:lnt. Advise the clerk or mark the mailpiece with the endorsement "Restricted-DeliveryN. . If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affiX label with postage and mail. IMPORTANT: Save this receipt and presenllt when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and fPOs. (8SJ8Aat:/) Gore aunr '008~ UJ.lO:l Sd rn CJ CJ o Rrt'lm ~;':IJlt'ea; ,:Endm,i';11811 Rliq,irJ(l) o AllStril1,ld[I'II"l'1) Foo M (End! Ifse ner, R€ql. ir. 'd) LrJ ru i:"tL9,e C' I'M;l,'(ila~ \!E~S ....-----'1' ..;> liltlll:> )stu',e /; t'e as ] $ l__.._.._ ~ I~T~--.---'._-_."'-"- Ar10 Q 1 67 ~ :%;"i,"Ai;.~I.F~K..J'~;''''SID..9.G1.Y..oLrd''>!'ea'''+'S~,Y.t.'r''-ea...Q't9...9.. orf'CJ8o-cN,;, I I,) . . e g ,e i~''',i;'-z'~4'''. ....vrec:;tfll1"i1.0.stnrnr;....I'...:mt.YLJg. mlm.__1I See Reverse/Of Instructions Certified Mail Provides: . A mailing receipt (9SJ(J/l9H) G:OOZ eunr 'ooa~ Lluo.:l Sd . A unique identifier for your mailpiece . A record of delivery kept by the Postal Service for two years Iml?ortant RemInders: . Certified Mail may ONLY be combined with First-Class Mai~ or Priority MaUll'}. . Certified Maills not available for any class of international mail. . NO INSURANCE COVERAGE IS PROViDED with Certified Mail. For valuables, please consider Insured or Registered MaiL . For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt selVlce, praasa complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fQe weiver for a duplicate return receipt, a USPSqp postmark on your Certified MaJl receipt is reqUIred. . For an additional fee, delivery may be restricted to the addressee or addressee's authorized ag!lnt. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". . If a postmark on the Certified Mail receipt is desired, please present the arti~ cle at the post office for postmarking. If a postmark on the Certified Mall receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and presenl it when making an inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. ~ ru ~ CJ CJ CJ CJ Jl ~ ~ I,.," H" Re~:eI,tl (Endors 0" Restnctl?~e" . {Endorse Total post 1\ Ul CJ CJ r'- S8nt,TO T (: ..,o:,R..'li srreet,Ap '1'1 orPOBo:. c:, -Cil}i.-srate. , !~ll '" ECEIPT pr vided) IL, 11 R Coverage ranee "s . ':~.::>- .Jj.'7 -'67 "d as . 1'9. Q '1 Y 3. n ............... =- ,. , 1 ...-..- t . · d i v t9!:!.~.k....S.t r e~.e-s-s,"'" I rL.....h.. vor .........1.., ." t ....rr, so~ -bu,--g', dill . TlTC~ \ iCi !I--' Illslr ersetor See RC\I I J r.ertitied Mail ProVides: " A "'a;Hng receipt (es;e<B&) ZOOz O""r .00'" "!'O, Sd .' A unique identifier for YOur mailpiece · A r~cord of delivery kept by the POstal Service for two years I,; lPOrtant Reminders: · Ce,jified Mail may ONLY be combined with First.Ciass Mai.. 0' Prio.ity Mail" . Certified Mail ;s nof available for any class of International mail, · NO INSURANCE COVERAGE IS PROVIDED wilh Certified Mail. For valuables, please consider Insured or Registered Mail. · co, an additional fee, a Return Receipt may be requested to provide pmol 01 ,fellve,\,. To obtain Return Receipt se"'ce, prease completa and attach a Return fleceipl (PS Form 38111 to the article and add applicabla postage to COve, tha fee. Endorse mailpiece Retum Receipt Requ_". To receiVe a fee waiver for a duplicate return receipt, a USPs" postmark on YOur Certified Mail receip; is ruQUlred. · F,,, an additional fee, delive,\, may be restricted fo the addressee or add.essee's authorized a.Qent. Advise the clerk or mark fhe mallplece with the endorsement ~RestrictedDeljvery~ · If" postmark on the Certified Mail receipt is desired, please present fhe arti. clo at the post office for POStmarking. tf a postmark on the Certified Mall receipt is not needed, detach and affix label with POstage and mal/. IMPORTANT: Savo Ihi. rOcolpland pro,ont it When making an InqUiry. Inlornet a..O"'o delivery Informa"on I. nOlavailahle on mall addre'.ed to APO. and FPO.. J'Y r i. Cl I; II""' .1 11 rn ; ~. <0 II .. " h H II""' Lll ['- ru > ,,,tal ... iddFI1" Yes Cl Cl tJ f " [Le,ptFee I " " e:\uirffl) C' I 1.1 " ;' J.!ryFea J-; ([ 1''' ,,:tquim.j) ~ r-'~ " " LI,&FecS $ Lf~ CJ I ~ 1~ c:;: .... i f' ; ;19 ., Iii Inn, Certified Mail Provides: II A maWng receipt (BSJaIIa1:J) <:OO(:'9unr 'OOSE: lfJO.::l Sd n A unique identifier for your mailpiece h A rocord of delivery kept by the Postal Service for two years Important Reminders: . Certified Mail may ONLY be combined with First.Class Mai~ or Priority Malle. . Certified Mail is not available for any class of international mall. . NO JNSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please COnsider Insured or Registered Mail. . For an additional fee, a Return Receipt may be requested to provide ~rOOf of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Fonn 3811) to the article and add applicable postage to cQver the fee. Endorse mailplece nRetum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USP~ postmark on your Certified Malt re~eipt is reqUIred. . For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement ORestrictedDe/iveryo. . "a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. It a postmark on the Certified Mail receipt ;s not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internel access to delivery Information Is nol available on mail addressed to APOs and FPOs. · Complete items 1, 2, and 3. Also complete nem 4 if Restricted DaliYElf)' is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: AMQ-01679/7 o. '-., '. , KRICK Individually and as guc. 115 S. George Street' Mechanicsburg, PA 17055 2. Article Number "~~lI!llIIoo PS Form 3811. February 2004 3. Service Type 1;1 CertIIIed Mall Cl Express Mall o Registered CJ Return Receipt for Merchandise lJ Insurad Mall CI C.O.D. 4. Restricted Delivery? ~_ Fee) lJ Yes 102596-02-M_1540 First-Class Mail postage & Fees p'aid I USPS Permit No. G-10 . Sender: Please print your name, ~ dd r3~! , ~ lnd ZIP+4 ill this box. ~ un, , UNITED STATES POSTAl SERVICE ~ \lll GOLOBECKMCCAfFER""'( & MCKEE\fER SiE 5000 _ MELLOU Hltl2.I'E.NDENCE CE.NiE. 701 MARKET ST PHILADELPHIA PA 1!1103-\538 I"I\II.I"".IIII""\\"'"\\'! \\':~:\III'\IIII\'\II\"\'\ ..... - " \ co<\ c:x> ~\ '" (J) *!ii " 0 nzl jj crc '" '~'i\ !!!l %~I :-' " ill ~ -I 2 w I -< N -~1 0 "'0<1 0 h N " ~}'\ w '" ~3 '" -[0 ~" \ a la"- f ~ ~l ~ 0. '" 3 ~ I ~ ~l z ~ ~ C'l "- 0 ~ 3 " ". jp; 5 0 '" m C' 3 '< ~ ... Q 1 J!. ~ s- F g lD ~ "ll 0 a "ll '" ~ 00 :J> ::o::O,$: <- 0 _0 , ,;:<; 0 'm ~ m-i '" ~;s:: ~ 0;:<; ;:<;::0 o ;:<; :J 0. <' a: c Q!. '< '" :J 0. '" '" <0 C '" ~ 0. or :J S. ~'vJ n ::!. a: o ~ m z o :g r= , m ;:<; ::0 o ;:<; SlO I :J> ;0 ~ o ;:<; ;0 o ;:<; '- ;:0 s- o. <' a: c Q!. '< '" :J 0. '" '" <0 C '" ~ 0. iii" :J S. 3 S" o ~ n ::!. a: ~ m Z ~I .".1 '-"I 1'>1 :-"1 I . 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Iiil liral ~"'" a- m 1m oil I --1";;-1 I,@'lil I~~I Il!.iOl --!-I I~~I I~ il.1 --t-ei I'" ~ I 18ffl 10il'1 -1.,,01 1m 01 --t: -I ---f ~11 ,"T1(/) --rJ I , I$~I ---1--" 1"T1:::u1 'm ;01 I I ='" ~~::E~ n::Oen::o I :rm-iO )>m::oc z-i)>Gl o ::!::r en "'0 '" m." c ::0;: ::0 ~m Gl n "tl @:r )> z)> ~ o~ I ~ ;:00 18: :i! gj I I ~!5 I ~ Gl I ~ I I I I -~-J II ~ 00 UN/Tf'.o ~gl'0 ~IS'.I' FiiA-4 f.., ~ ~r IL\) j ;: '" .~ If" N ,~~ =0)>>-&9 :sl n c .., IS (,)0 ~ , r~ '::-" ~ .'1 <D NO) ~. -"'00" ~~ ~ 0 I i ----j---i I I '" ;-' -"l;J ""'<I (nCi) I"':roc:oz .....-.....- lU 1~>!:n16~ " I'.:.a.c~",m~ CI'Im-oma. ~r-"oo(')> "'Cm ^s: ==.... iil )>cn 0 0.... 0 "'C;U S. )>m (f) m m .... g, ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WIlliOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 04-1142 CIVIL TERM vs. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) 115 S. George Street Mechanicsburg, PAl 7055 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER I, 2002, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: liS S. George Street Mechanicsburg, P A 17055 l.Name and address ofOwner(s) or Reputed Owner(s): CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK liS S. George Street Mechanicsburg, P A 17055 HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 410 South York Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 410 South York Street Mechanicsburg, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA \7013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CUMBERLAND COUNTY ADULT PROBATION I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 BOROUGH OF MECHANICSBURG W. STRAWBERRY @NORTHMARKET STREET MECHANICSBURG, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 115 S. George Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 5, 2005 Q ~,.; ~i~1 ~'i (fl.: S2'-- -::.... , ~01.j .Pc_ ~ .< r-> = = c.n """ c:: ci' ~ -n :3,: r:-:> N \.D -l if,p;! m i3b '_,~-l-r -I: ::l (.)0 zm 9 'po ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Central Penn Property Services Inc is the grantee the same having been sold to said grantee on the 7th day of September A.D., 2005, under and by virtue of a writ Execution issued on the 4th day of April, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1142, at the suit of Ameriquest Mtg Securities Inc, Tr against Cricket M, Harry 0 Ir & Owen Orville Krick, Guardian is duly recorded in Sheriffs Deed Book No. 271, Page 2454 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of cQ.{A-; A.D. 200S Y>1:t 1 A U~~ (~~ 9 .. . i f t7 Recorder of Deeds, Cumberland ~ C8rtlsle PA My Commission Expires the Fnt Mor1d8V of Jan.'2OOI Recorder of Deeds Deutsche Bank National Trust Company In The Court of Common Pleas of Et al Cumberland County, Pennsylvania VS Writ No. 2004-1142 Civil Term Cricket M. Krick, individually and as guardian Of minor child Owen Orville Krick and Harry O. Krick, Jr., individually and as Guardian of minor child Owen Orville Krick R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Cricket M. Krick, individually and as guardian of minor child Owen Orville Krick, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return: And Now, July 26, 2005 at 11 :00 o'clock AM, served the within Real Estate Writ, Notice of Sale and Description upon Cricket M. Krick by handing to Cricket M. Krick personally at 807C North Route 15, Dillsburg, PA 17019. So Answers: William M. Hose, Sheriff of York County, Pennsylvania. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 16,2005 at 7:40 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Harry O. Krick, Jr., individually and as guardian of minor child Owen Orville Krick, by making known unto Harry O. Krick, personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 11,2005 at 3:50 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cricket M. Krick and Harry O. Crick, Jr., individually and as guardian of minor child Owen Orville Krick, located at 115 South George St., Mechanicsburg, 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: Cricket M. Krick, by regular mail to her last known address of 807C North Route 15, Dillsburg, P A 17109. This letter was mailed under the date of August 25,2005 and never returned to the Sheriffs Office. 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: Harry O. Krick, by regular mail to his last known address of Cumberland County Prison, 1101 Claremont Road, Carlisle, P A 17013. This letter was mailed under the date of July 01,2005 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 September 7,2005 at 10:00 o'clock A.M. He sold the same for the sum of $74,010.00 to Andrew O'Dell for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, P A 17501, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of74,010.00. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County York County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 1,480.20 15.00 15.00 30.00 10.00 .50 1.00 8.00 6.28 15.00 30.00 9.00 58.88 347.00 317.36 18.20 25.00 39.50 $ 2,455.92 Sworn and subscribed to before me 2005, A.D. So Answers: r~~~ R. Thomas Kline, Sheriff BY .J ~ CLv] )'jrvJL ~ Real Estate sergeant ~~ 0"') 3D ';)D I. c.k. '). j{, J... 'i ~. /101/1 Goldbeck McCafferty & McKeever ~ BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK (Mortgagor(s) and Record Owner(s)) 115 S. George Street Mechanicsburg, P A 17055 No. 04-1142 CIVIL TERM Dcfendant( s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURlTIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOUNG AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: liS S. George Street Mechanicsburg, P A 17055 I.Name and address of Owner(s) or Reputed Owner(s): CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg. P A 17055 2. Name and address of Defendant(s) in the judgment: CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK liS S. George Street Mechanicsburg, P A 17055 HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEP AR TMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, P A 171 05-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUP ANTS 115 S. George Street Mechanicsburg, PAl 7055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 29, 2005 (/ ',--- GOLDBECK :rylcCA 1': BY: Joseph A. Goldbec Attomey for PlaintitT I \ ' ~ \ \ \ 04-1142 CIVIL TERM , . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. Term No. 04-1142 CIVIL TERM CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) 115 S. George Street Mechanicsburg, P A 17055 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KR1CK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK, HARRY O. HARRY O. KRICK .JR. Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, PAl 7055 Your house at 115 S. George Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, September 07,2005, at 10:00 MI, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96.446.25 obtained by DEUTSCHE BANK NA T10NAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED , . 04-1142 CIVIL TERM PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE against you. 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717 -240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of717-240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6 . You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act inunediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . ~ LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 04-1142 CIVIL TERM 04-1142 CNIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.# 16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMP ANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1, 2002, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. Term No. 04-1142 CIVIL TERM CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK HARRY O. KRICK JR. Individually and as guardian of minor child OWEN ORVILLE KRICK Mortgagor(s) and Record Owner(s) 115 S. George Street Mechanicsburg, P A 17055 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: . KRICK Individually and as guardian of minor child OWEN ORVILLE KRlCK, CRICKET M. CRICKET M. KRICK Individually and as guardian of minor child OWEN ORVILLE KRICK 115 S. George Street Mechanicsburg, P A 17055 Your house at 115 S. George Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,446 .25 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED 04-1142 CIVIL TERM PASS-THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING MID SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE against you. 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS FO NOVEMBER 1,2002, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STll.,L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of7l7-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717 -240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of tlle money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 04-1142 CIVIL TERM ALL THAT CERTAIN TRIANGULAR LOT OF GROUND SITUATE ON THE EAST SIDE OF GEORGE STREET IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF SAID GEORGE STREET MARKED BY A MONUMENT CORNER OF LANDS OF THE UNITED STATES OF AMERICA; 11IENCE IN A NORTHERLY DIRECTION ALONG 'fHE EAS'fERN LINE OF SAID GEORGE STREET 63.5 FEET TO A POINT AT CORNER OF LOT NO. 11 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN AN EASTERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 11,310 FEET MORE OR LESS, TO AN IRON PIN AT CORNER OF LANDS NOW OR FORMERLY OF MAY SUL TZENBERGER AND OTHERS; THENCE IN A WESTERLY DIRECTION ALONG LANDS OF THE UNITED STATES OF AMERICA, 314.46 FEET TO A POINT ON THE EASTERN LINE OF SAID GEORGE STREET AND AT THE PLACE OF BEGINNING. BEING LOT NO. 12 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK 4 AT PAGE 4. TAX PARCEL NO. 20-24-0785 BEING KNOWN AS PROPERTY 115 S. GEORGE STREET, MECHANICSBURG, PA 17055 WRIT OF EXE;CUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, NO 04-1142 Civil CIVIL ACTION - LAW AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS- THROUGH CERTIFICATES, SERIES 2002-4 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2002, WITHOUT RECOURSE, Plaintiff (s) From CRICKET M. KRICK INDIVIDUALLY AND AS GUARDIAN OF MINOR CHILD OWEN ORVILLE KRICK, HARRY O. KRICK, JR. INDIVIDUALLY AND AS GUARDIAN OF MINOR CHILD OWEN ORVILLE KRICK (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 $96,446.25 Interest FROM 10/l/03 TO 3/29/05 AT 7.7500% L.L. $.50 Atty's Comm % Atty Paid $204.40 Plaintiff Paid Date: APRIL 4, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonot~ ~.A'-U?/1o..r ~2 7~4/7~Y"_ .~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #27 On May 17, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A Known and numbered as 115 South George Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17,2005 By: J ocL..{ JYVL'rtJ, Real Estate Deputy n(' .., (5:J :c:. \/ LI' _ '.U': [11'" tJ\J \' ~UUL '," .t :Llj~j~j;:::;;-;:. ;J.-c, ;..;':I~'; ~ ~ ~ SCHEDULE OF DISTRIBUTION SALE NO. 27 Date Filed: October 7, 2005 Writ No. 2004-1142 Civil Term Deutsche Bank, National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2002-4 Under the Pooling and Servicing Agreement Dated as November 1,2002, without recourse VS Cricket M. Krick, individually and as guardian of minor child Owen Orville Krick, and Harry O. Krick, Jr., individually and as guardian of minor child Owen Orville Krick 115 South George Street Mechanicsburg, P A 17055 Sale Date: Buyer: Bid Price: September 7, 2005 Central Penn Property Services, Inc. $74,010.00 Real Debt: Interest: Attorney Costs: $96,446.25 11,141.12 204.40 Total: $107,791.77 DISTRIBUTION: Receipts: Cash on account (05/09/2005): Cash on account (09/07/2005): Cash on account (09/22/2005): $ 1,500.00 7,401.00 70,077.80 Total Receipts: $78,978.80 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Mechanicsburg Borough Attorney Joseph Goldbeck Deutsche Bank, National Trust Company Total Disbursements: Balance for distribution: So Answers: r~-r~ R. Thomas Kline Sheriff $ 2,455.92 200.00 894.30 894.30 1,504.17 1,500.00 71,530.11 ($78,978.80) 0.00 .. " I TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPfED IN THE POLICY UNLESS SATISFACfORY EVIDENCE PERMITfING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 27 Held Wednesday, September 7, 2005 Date: September 7, 2005 T AXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Miriam Burdge Crick, by deed dated April 9, 1999 and recorded April 21, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 197, Page 942, granted and conveyed to Harry O. Crick, Jr., and Cricket M. Crick, husband and wife, and Owen Orville Crick.. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of George Street. 6. Mortgage in the amount of $81,600.00 given by Sherry O. Crick and Cricket M. Crick to Ameriquest Mortgage Company dated August 28, 2002 and recorded October 4, 2002 in Mortgage Book 1776, Page 982. Said mortgage was assigned to Deutsche - Bank National Trust Company, Trustee of Ameriquest Mortgage Securities, Inc., by instrument recorded June 18,2004 in Miscellaneous Book 709, Page 749. Complaint in mortgage foreclosure filed by Deutsche Bank National Bank versus Cricket M. Crick and Harry O. Crick, Jr., in the Office of the Prothonotary of Cumberland County on March 18,2004, to File No. 2004-1142. Judgment in the amount of $96,446.25 entered April 4, 2005. 7. Municipal lien filed by the Mechanicsburg Borough against Harry O. Crick, Jr., Cricket M. Crick, and Owen O. Crick, as Defendants, on August 11, 2004 to File No. 2004-3954 in the amount of $581.77. 8. Judgement in the amount of $2,971.92 entered by Cumberland County, Adult Probation Office, Plaintiff, against Harry O. Crick, Jr., as Defendant on December 1, 2004 to File NO. 2004-6016. Said judgment is a lien on the subject premises by virtue of a divorce of Cricket M. Crick and Harry O. Crick, Jr., entered September 26, 2003 to File No. 2003-5116. 9. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded February 3, 1948 in Miscellaneous Record Book 88, Page 113. 10. Rights granted to Pennsylvania Power and Light Company by instrument recorded February 16, 1948 in Miscellaneous Record Book 88, Page 163. 11. Building conditions and setbacks as shown on or set forth on the Plan of Lots known as Green Acres recorded in Cumberland County Plan Book 4, Page 4. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 19. Satisfactory evidence to be produced that proper notice of said Sheriff sale was given despite the reference to any improvements on the subject property. 20. Real estate taxes accruing on and after January 1, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~.''''j ~ . ~, Rotiert G. Frey, Agent Note: This Title Report shall not be valid or bi until countersigned by an authorized signatory. " REAL ESTATE SALE NO. 27 Writ No. 2004-1142 Civil Deutsche Bank National Trust Company, as Trustee of Ameriques!. Mortgage Securities Inc.. Asset Backed Pass-Through Certificates, Series 2002-4. Under the Pooling and Servicing Agreement Dated as of November 1. 2002, without recourse vs. CIicket M. lWck. individually and as guardian of minor chUd Owen Orville Krick and Harry O. KIick. Jr.. individually and as guardian of minor chUd Owen Orville Krick Atty.: cJoseph Goldbeck ALL THAT CERTAIN triangular lot of ground situate on the East side of George Street In the Borough of Mechanicsburg. in the County of Cumberland and State of Pennsyl- vania. bounded and described as follows: BEGINNING at a point on the eastern line of said George Street marked by a monument comer of lands of the United States of Amer- Ica: thence In a northerly direction along the eastern line of said George Street 63.5 feet to a point at comer of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence in an easterly direction along the line of said Lot No. 11. 310 feet more or less. to an Iron pin at comer oflands now or formerly of May Sultzenber- ger and others; thence In a west- erly direction along lands of the United States of America. 314.46 feet to a point on the eastern line of said George Street and at the place of beginning. BEING Lot No. 12 on a Plan of Lots known as Green Acres. which plan is recorded In the Recorder's Office in and for said Cumberland County. In Plan Book 4 at Page 4. TAX PARCEL NO. 20-24-0785. BEING KNOWN AS PROPERTI 115 S. GEORGE STREET. MECHAN- ICSBURG. PA 17055. . j,," , .,. 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 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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 subse uently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscel us Book "M", Volume 14, Page 317. COpy S ALE #27 Sworn to and subscri d PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 Statement of Advertising Costs , To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 317.36 REAL ESTATE SALE No. 27 Writ No. 2004-1142 Civil Term Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed PasS-Through Certificates, Series 2002-4 Under the Pooling and Servicing Agreement Dated a~of November 1, 2002, Without Recourse Vii' Cricket M. Krick, Individually and as guardian of minor child Owen Orville Krick, and Hany O. Krick Jr., Individually and as guardian 01'" Clllldo.. 0ntIIt KI'Ic* AtIt': .........1111. Uk DESCIWTION AIL that certain triangular lot of ground &iluate CI\ die east side of George Street in the Iloiou;I of Mecbanicsbwg, in the County of Cwnberland and State of Pennsylvania, bounded and described as follows: Beginning at a point on the eastern line of said George street IIllIIked by a monument comer of lands of the United States of America; thence in a northerly direction along the eastern line of said George Street 635 feet to a point at comer of lot No. II on the hereinafter mentioned plan of lots; thence in an easterly direction along the line of said lot No, II, 310 feet more or less, to an iron pin at comer of lands now or formerly of May Sultzenberger and ~ thence in a westerly direction along lands of the United States of America, 314.46 feet to a pOint on the eastern line of said George Street and at the place of Beginning, . BEING lot No. 12 on a plan of lots known as Green Acres, which plan is recorded in the Recorder's Office in and for said Cwnberland County, in Plan Book 4 at Page 4. TAX PARCEL NO, 20-2Ml785. Being known as Property 115 S. George Street, Mecbanicsburg, PA 17055 ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 15, 22, 29, 2005 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. 4 ~ o AND SUBSCRIBED before me this day of July, 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Car~sle 8oro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 27 Writ No. 2004-1142 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2002-4, Under the Pooling and Servicing Agreement Dated as of November 1, 2002, without recourse vs. Cricket M. Krick, individually and as guardian of minor child Owen Orville Krick and Harry O. Krick, Jr., individually and as guardian of minor child Owen Orville Krick Atty.: Joseph Goldbeck ALL THAT CERTAIN triangular lot of ground situate on the East side of George Street in the Borough of Mechanicsburg, in the County of Cumberland and State of Pennsyl- vania, bounded and described as follows: BEGINNING at a point on the eastern line of said George Street marked by a monument comer of lands of the United States of Amer- ica; thence in a northerly direction along the eastern line of said George Street 63.5 feet to a point at comer of Lot No. lIon the hereinafter mentioned Plan of Lots; thence in an easterly direction along the line of said Lot No. 11, 310 feet more or less, to an iron pin at comer oflands now or formerly of May Sultzenber- ger and others; thence in a west- erly direction along lands of the United States of America, 314.46 feet to a point on the eastern line of said George Street and at the place of beginning. BEING Lot No. 12 on a Plan of Lots known as Green Acres, which plan is recorded in the Recorder's Office in and for said Cumberland County, in Plan Book 4 at Page 4. TAX PARCEL NO. 20-24-0785. BEING KNOWN AS PROPERTI 115 S. GEORGE STREET, MECHAN- ICSBURG, PA 17055. ..:' ......., -