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HomeMy WebLinkAbout04-4027 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. ]2248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEYFORPLAINT~F DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTITICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER I, 2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 COURT OF COMMON PLEAS CIV]L DIVISION TERM NO. 61.( - 46)...1 CI"u'lL'T~ CUMBERLAND COUNTY Plaintiff v. MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~ 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. ~ 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 97025 File #: 97025 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INe. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER ],2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are: MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/21/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. ] 770, Page 2391. PLAINTIFF is now the lega] owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 97025 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 08/]2/2004 (Per Diem $41.26) Attorney's Fees Cumulative Late Charges 08/21/2002 to 08/12/2004 Cost of Suit and Title Search Subtotal $174,750.23 6,807.90 1,250.00 ]74.16 $ 550.00 $ 183,532.29 Escrow Credit Deficit Subtotal 0.00 184.00 $ 184.00 TOTAL $ 183,716.29 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of ]974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 9] of ]983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of ]974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ ] 83,7] 6.29, together with interest from 08/12/2004 at the rate of $41.26 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~AN AND PHELft~t;;I{ By: i~llinak ~ , FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 91025 ALL THOSE CERTAIN lots, pan:el& or tractll of I8nd situate in Silver Spring TOWDSbip, Olluberilllld County, Pennsylvania, bounded and describe4 as follows; Lotl: BEGINNING at a poim: in the cetI1et1il1c of the State Highway. Rll\Itc! No. 944 (also ImowJI as wcmvUle Road), wbich sali point Ii at the intcneCtion of tbe eastern line of a priValt rigbt-of- way Pony-Four (44) teet wide; 1beneo alollg said eailr.em IIllC of the afOrcmetltioJled private right- of-way North ODe (1) desreo Twenty-Five (2S) mmures West a dillV'""'" of One Hundred SeveJUy- Five and 0011 TeuIh (175.1) feet tD a poiIlt; ttu:uc:e aloog me IiIJtl of Janda now or fQn1lllt'Iy afRay A. Garver et UK. and R.E. Best et 1\lt. Nonh Bipty-PiVCl (BS) c1cgreea East II diatanco of Sixty- Tbree and One Tenth (63.1) feet to a point; tbmice allllll tile line of Lot No.2 bm:in South Five (5) dcgms East a distam:e of ODe HUJIdred SevOllly-Five (l7S) feet, more or less, tD a ceur=-lilll:: of die State Highway, Route No. 9#, aforementioned; 1heDce by tbe cenlcr1ine oftbe Slate Highway, Route No. !l44 South Eighty-Five (85) degrees West a distance of Smy-Six (66) feet to tbe point aIl4 place at BOOINNING. Lr.l1.2.: BEGINNING at a point in the ceotor of tbe State Blshway. Roo'" No. 944 (alGa known as WcrtzVill.o Road). !be IO\lQlealc COI'Ilel" of Lot No. 1 hczeiD; the=e Norm Fi\1e (5) degn:c$ West alq linD of Lot No. 11usmn a dUWICC of One H~ Sevcury-Pive (175) feet, JIIO", or _, tll a point; them:c aIODg lbc line of 1811dB now or for:a=ly of Ray A. Garver et ux. and 1l.E.. Best et \lX. North Eishty-Fivc (85) degrees But a cIlsta1lCtl of ~ (80) feet tD . point. thence along the line of 1:mda of the lame Sourh Five (5) c1cgxec8 East ODe H\IJJdled. Seventy-Fi've (175) feet, more or less, to a point in the center of tile Stale HiPWay, Route 944, af'orco11r:miOllCd; tbcace aIolll tbe ccnrerline of StatlllIighway, Rautc !l44 South EfBhtY-Five (85) degrees We&t Eighty . (80) feet to the point aDl! place of BEGINNING. BEING THE SAME PREMISES WBICH Ray M. Souder lIIlll Pay E. Souder by n= dab:d and teCOIded April 8, 1988 in Delld Book 0.33, Pille 742 in tbe Oftico' uf the RecoKdcr of Deeds in and for Cumbedsml County, Penusylvama, gnnmd ami conveyed WIUJ Morris Stanley, Ir. 3Ild Kelly Frm:cs SWIley, Grantors bcrcin. PROPERTY BElNG: 7000WERTZVlLLE ROAD . VERIFICATION FRANCIS S. HALLINAN, ESQUlRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. .L<;;$/ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~~Jf r.J ~ 7J 1'5 lJ1 t .-.1:, ~ w ~ c:; ~ 0 c:s ~ V () -() tt: (0~ ~ '--Z. ./G I. SHERIFF'S RETURN - REGULAR CASE NO: 2004-04027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS STANLEY MORRIS JR SHANNON K. SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon STANLEY MORRIS JR the DEFENDANT , at 0020:30 HOURS, on the 16th day of August 2004 at 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 KELLY STANLEY (WIFE) by handing to a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 r"'~~~ R. Thomas Kline 08/17/2004 FEDERMAN 0< Sworn and Subscribed to before By: PH~ELAN tI 'f J: ~ . / eputy Sh~rlf me this /~ day of .xl~ olf7V'/ A.D. '~ D.~441f P othonotary , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 505 SOUTH MAIN STREET, SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION NO. 04-4027 CIVIL Plaintiff, v. MORRIS STANLEY, JR. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MORRIS S and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fr thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs d follows: As set forth in Complaint Interest from 8/13/04 to 4/25/05 TOTAL $183,716.29 $10,562.56 $194,278.85 I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as sho above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~G DAMAGES ARE HEREBY ASSESSED AS INDICAT D. t DATE: i-.J.! ~11<; t~.j PRO PROTHY } ~~C-' :Y;~~ :3 , (') ,.: ""i:; I':J.~~ '';'''''>: .:".,'1 "r ,.." "" ~-'> '''> "-'> :",. -0 ::;;, f\) ~ "'" :::r:: ~ e:. CO 'i? ",... ifi;;g ::Jj(J:j ") r ';.19 --~ ?I 9f) C)f'n b! :.=;:) "'" .. FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (71)) ';61-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INe. SERIES 2002-C, ASSET BACKED : CIVIL DIVISION CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCfOBER : CUMBERLAND COUNTY 1,2002 Plaintiff : NO. 04-4027 CIVIL TERM Vs. MORRIS STANLEY, JR. Defendants TO: MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PAl 7050 f\lt COP' DATE OF NOTICE: SFPTFMRFR R 211114 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTIC IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HERE ,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, B ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARA CE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES R OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA S FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARIN AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WI H INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROV E YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 --'6 FRANK FEDERMAN, ES U1RE LAWRENCE T. PHELAN, 'SQUIRE FRANCIS S. HALLINAN, SQUIRE Attorneys for Plaintiff " f~~ '.' ':':' a co ....., c~., C:..., en "'" -c' ~ f'\) CO o -" ..... ::r: n1FJJ -am ~po ..,) T ~::;.1~) :;?~j (~Ftl ~l .P- ;J.J .-< u -;,," -.\<" .... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 505 SOUTH MAIN STREET, SUITE 100 Plaintiff, v. MORRIS STANLEY, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION NO. 04-4027 CIVIL VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for e Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the fi Howing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the nited States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief A t of Congress of 1940, as amended. (b) that defendant MORRIS STANLEY, JR. is over 18 years of age and esides at, 7000 WERTZVILLE ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ J <'! )) , . cYv%l.L _'.. - ( . '" .--.... _II DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff (") ", 0 c", C = .,.., < "" "'"' --l " ffl:a ::0 r- ~, -om -O? <X> ~'~) ~"':l(-' '-r,', -0 "-'1 .....)--- ...l:... '7'~.j N ::---s;; ~., ::r:~ CJ :-.0 CO -< . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS L VANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 505 SOUTH MAIN STREET, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION NO. 04-4027 CIVIL Plaintiff, v. MORRIS STANLEY, JR. Defendant(s). ~tce is given that~udgment in the above-captioned matter has been entered against yo on ~f'11 J-R200~. t. .. ,I By: ~?d- EPUTY / If you have any questions concerning this matter, please contact: !:~~;!d~H ONE PENN CENTER AT SUBURBA STATION ]617 JOHNF. KENNEDY BLVD., SU E 1400 PHILADELPHIA, PA 19]03-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INF RMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A ISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT ND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEME T OF A LIEN AGAINST PROPERTY. ** ~ -....... (;'. l.)v ~ j...)' ~ ~ ~ '0 "'- \..}.; R ;;::v 0 ...., = 0 C c.::> -n ., CJ> " .-,., }-: ".. :t-n !-": ",\, ..~. ;;0 m- ", ~h1 (/;' en :Q6 r~ - c-{ J ~rf- ~1.- -'I - "",J ----r1 '- ::J; 9<;\ (, ,1;.'" ,- r;-;> ~5' " - ..'1 .,.,.:- ~ :;~ Cl OJ -< .---C) $' r <Z ~ ~. J' ~ - cl ~ ~ .. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSU ) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1,2002 No. 04-4027 CIVIL Plaintiff, v. MORRIS STANLEY, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $] 94,278.85 Interest from 4/25/05 to SEPTEMBER 7,2005 (per diem -$31.94) $4,311. 90 and Costs TOTAL $198,590.75 .. 1 J/ ) 'J l/vlAAi) ~'- .,-<: c~~ DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station ]617 John F. Kennedy Boulevard, Suite ]400 Philadelphia, PA 19]03-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of plaintiff. It ma not be sold in the absence of a re resent the plaintiff at the Sheriff's Sale. The sale must be postp stayed in the event that a representative of the plaintiff i present at the sale. the tive of ned or not ~;:$ o~ "'> <"", ~~ =-'" ZZ OZ :;~ :; . o~ UZ ~~ 00 "",U P::Q s~ UCjj "'", =~ ""':; Z~ ....U . '" ""' f2 ,,< '" ~QZQ ~ ...."'....'" ~~~~s~ O~<O'" ~"'U~=-Q Z~~""''''~g O",,,,~~,,,N E::sa""'P:::;"'; <"",~<",,,,p:: Z","",UQ~'" ~<P::NZ,,~ ~~.og":<~ ~ :;N"'''U "","''''ZO !:J=-"''''~''''~ U:;S~U~O ~80'~s~ ~ ~~~~ Q ~....",Q :.r: uZ < .; ~ ~ ... >' '" "'" ~ ""' '" ~ o :; Z o .... ""' ~ U ~'F '" = ~ ~ 0<:> ""' ~ ~~ P:: " otlJ) ~~ ~e .... U '" ~ =- .', f1j "f)~ .~ '" "0...~~ ~ .., ~ --:>0 Io-l -.' c.8 ,""? ~ . a .,~, 0 :'9 t: ~< ,~ ~ -i:i ~ ~ <:> In <:> t- ,..., ~ g ~ ~ '" U ~ = U ~ ~ ~ '" "'" "'" .... > N ~ ~ -d 0) C; 0) '" 0) ~ 1;> a '" .... 0) g- p.. 0) .... ~ <:> <:> <:> t- Vi '" 0) -d ~ <.) ....., = 0 f;: C::::l c.n 71 ,,~ :;:l " ffi:1J ::0 .. N -r:1fT1 = :::gQ IJL -0 ~~j~ rj:d :::s: c" ?fl N C~ ~l T> ~.o c:> ." . l DR~ClUPTION ALL 1lI0SE CERTAIN lots, />3fC<'ls or tracts of land Situate in Silver Spring Township, Cumberland County. Pennsylvania. boonded an<I described as follows: LOT l: BEGINNING at a ""int in the centerlioe of the Smtc Highway. Route No. 944 (also known as WemviUe Road), whi"" said ""int is at tbe iOters<:<'1ion of the Eastern line of a private right-of-way forty-four (44) feet wide; thence along said Iia..tetn line of the aforementioned privotc right.of-way North one (I) degree tWCIlly-five (2J) minntes We'" a diOlance of olle bUIldre<l seventy-five and olle tcnth (175. I) feet to a point; thence along the line of lands nnw or formerly of Ray a. ('",rver, e( ux and R. B. Best et ox North eighty-five (85) degrees BasI a diStallce of sixty -lltr"" and one tenth (63. I) feel to a point; thence along the line of Lot No. 2 herein South five (5) degre.. Ea,t a distance of one bulldted seventy-five (175) feet, more or less, 10 . ccntetline of the State Highway. Route No. 944. aforemcntiOlll!d; lhence by the """terUne of the Slate IIighway, ROllle No. 944 Sooth eighty-five (B5) degrees West . distance of sixty-six (66) foello the poilll and place of beginning. Mll:.l;. BEGINNING at a point in the center of the State Highway. Route No. 944 (al"ll:Down as WertGViUe Road), the SaU/Jteast comer of Lot No. I herein; Ibe""e North live (5) degrees West aloog IiDe of Lot No. I IIerein a distance of one bundred .eventy.five (t75) feet. more or Je.", to a point; thence along the line of lands now or formerly of Ray A. Garver eo: UK ...d R.E. Dest et ux North eighty-five (85) degroCll F_ a distance of eighty (80) feel to a point; thence along Ihe line of lands of the same South five (5) degrees East One hundred seveoty-five (175) feel. more or 1=. 10 a point in (he center of the State lfighway, Route 944, aforflfllCntioned: thence along (be centerline of Slate Highway. Route 944 Soulh eighty-live (85) degrees West eighty (80) fed 10 the poinl and place of beginning. Tax Parcel #J8-13.{)9S5-O:;S BECORD O~R TITLE TO SAID PREMISIlS IS VESTED IN Morris Stmley, Jr., husband by Deed from Morris ~lanley. Jr. and Kelly Frances Stanley. husband and wite, dated B12112002 and recorded 8/30/2002 ill Deed Book 253 Page 1952. PREMISES BEING: 7000WERTZVILLE ROAD, MECHANICSBURG, PA 17050 r~\== \' ,--1 , I f' \~ C' -- ~\j ~> ~ ~, ~ R- :i lY>01 0.0, c..J} -C C D' 'iJ ~ (;['0 ....., <= ~ = c.n ::> :;:J -0 ;;;:J fii::!J r- f',> 1'1(n co 230 :g ;~~ ("; j.~-r~ '7'(~ c:. 1'.) (Sf 2--= =:-1 -~ r> -( ::n 0 -< WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMP ANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC, SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMEMT DATED AS OF OCTOBER 1, 2002 Plaintiff(s) From MORRIS STANLEY, JR., 7000 WERTZVILLE ROAD, MECHANICSBURG PA 17050. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 7000WERTZVILLE ROAD,MECHANICSBURG PA 17050 (SEE LEGAL DESCRIPTION) (2) (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 fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defend (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 garnishee and is enjoined as above stated. Amount Due $194,278.85 L.L. $.50 Interest FROM 4/25/05 TO 917105 @ $31.94 PER DIEM ~ $4,311.90 Atty's Comm % Due Prothy $1.00 Atty Paid $117.40 Other Costs Plaintiff Paid Date: APRIL 28, 2005 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@SUBURBANSTATION 1617 JFK BLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1,2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-4027 CIVIL v. MORRIS STANLEY, JR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF AMERI U ST MORTGAGE SECURITIES INC. SERIES 2002-C ASSET BACKED CERTIFICAT S UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOB R 1 2002, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth a of the date the Praecipe for the Writ of Execution was filed the following information concerning the re I property located at ,7000 WERTZVILLE ROAD. MECHANICSBURG. PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lie on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS STAMBAUGH 741 TOWER ROAD ENOLA, PA 17025 MARY L. TROAIN 12 WHITEBIRCH AVENUE MECHANICSBURG, PA 17050 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and hose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has an interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my ersonal knowledge or information and belief. I understand that false statements herein are made subj ct to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 25, 2005 DATE 1:)~\;vvttf ~/) J~~ DANIEL G. SCHMIEG:~ SQUIRE Attorney for Plaintiff o c ?t, ~~~ ~ -z .....' = = en ::0 :;;0 N CO ~ :1~ n1r=: -nm -,"0 06 :::.!...., .-+.o---!J (-.J"-, ZFn ~~ "'~ ~ .< -0 :z r:? Cl PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4027 CIVIL Plaintiff, v. MORRIS STANLEY, JR. Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 9] because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . . i f!/' ') , ~1~i';:J .<'cAt~ DANIEL G. SCHMIEG, Attorney for Plainti ff o r-- .,,:..: -.) -( ...., = = c.n "'" -0 ;;0 N CO -0 =tt o -n :r m:!J .. -orn :oCJ (-" r c--10 '1".'- t.:):!] '70 (51"rl .:;1 -,-) :< N o --- f DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 Plaintiff, CUMBERLAND COUNTY No. 04-4027 CIVIL v. MORRIS STANLEY, JR. Defendant(s). April 25, 2005 TO: MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFOR. ATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHA GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS' UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 7000 WERTZVILLE ROAD MECHANICSBURG PA 17050. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the C mberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgm nt of $194.278.85 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS 'T ~USTEE OF AMEIDOUEST MORTGAGE SECURITIES INC. SERIES 2002-C ASSET BACK D CERTIFICATES. UNDER THE POOLING AND SERVICING AGREEMENT DK ED AS OF OCTOBER 1. 2002 (the mortgagee) against you. In the event the sale is continued, an ar ouncement will be made at said sale in compliance with Pa.R.C.P., Rule 3 ]29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to s rike or open the , judgment, if the judgment was improperly entered. You may also ask the C urt 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 m re chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ]. ]f the Sheriffs Sale is not stopped, your property will be sold to the highest bidd r. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was ossly 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 i the sale. To find out ifthis has happened, you may call (7] 7) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the wner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of he sale. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home ba k, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF! E LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It m not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale ust be postponed or stayed in the event that a representative of the plaintiff is not pres nt at the sale. i DESCRIP1'ION ALL THOSE CERTAIN loIS, parcels or tr.o.:ts of land silUllte iu Silvel Spring Towoship, Cumberland County, Pennsylvauia. bounded and described as follows; LOT I: BEGINNiNG .1 . point in the centerline of the Stale Highway, Route No. 944 (.1,,> known as Wert<viIle Road), which said point is at tbc ilUeIlle<:tion of the EasLern line of a private right-of-way tony-four (44) feet wide; thence along .aid Ell".r" line of the aforementioned privale righl.oC-way North one (1) degree twenty-five (2:l) minu... West a diSlance of one bundred sevemy-five and one tenth (175.1) fccI to. point; tllenee ,"ong \be line of lands now or formerly of Ray s. <3arver, et ux sod R.E. Best el ux Nonh eighty-five (85) degrees East a di.lMe\: of si.ty-three sod one tentll (63.1) feel to . point; thence along the line of Lot No. 2 herein South five (5) degr"". East a di't3IICC of one hundred seveutl'.five (17S) feet, more or less, to . centerline of the State Highway. Route No. 944, aforementioocd; thence hy dIe centerline of the Stale Highway, Route No. 944 South eighty-five (85) degrees We>1 . distance of sixty-siX (56) fort ro tile polnl and place of bcginnlng. !&U llEGlNNING at a point in the center of the State Highway, Route No. 944 (also I:Down as Werl:lNille Road), the Sonlhell5l conter of Lot No. J herein; thence North live (5) degrees West along line of Lot No.1 berein a disrance of one hundred seventy-five (175) feet. lUore or ..... 10 a point; dlCl1ce along the line of lands now or fonnerly of Ray A. Gluver '" w< and R.E. Dest el ux North eighty-five (85) degn:.. P.ast a diSla~ of eighty (SO) feel 10 a point; thence along the line of lands of the same Soutb live (S) degrees fa>! one hundred seventy-five (175) feet. more or less. 10 a poillt in lhe cent.. of the Slatc Highway, Route 944, afmementioned; lIicnce along the ccntUline of Stale Higbway, Route 944 Sooth eighty-live (85) degrees West eighty (80) feet to the point and place of bcgilllliog. Tax Parcel #38-13-0985.058 RECORD OWNER TITLE TO SAID PREMISFlllS VESTF.D IN Morris SllInlcy, Jr., husband by Deed from Morris ~Ianlcy, Jr. and Kelly Frances Stanley, hu'band and wife, \lated 812112002 and recorded 813O/W02 m Deed Book 253 Pa8e 1952. PREMISES BEING: 7000WERTZVILLE ROAD, MECHANICSBURG, P A 17050 , ='3 -, ~.> = c"" c.n ~ -:1 :c :T1 rnF -am ::-:.:::10 rll ~C) :-r::::p 0....J 70 C')rn -...\ > ::;J -< ~ -0 ;;;0 N CO -0 r:--? c::> AFFIDAVIT OF SERVICE . PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002- C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER I, 2002 CUMBERLAND COUNTY PJT No. 04-4027 CIVIL ACCT. #0037937067 Type of Action - Notice of Sherifrs Sale DEFENDANT(S) MORRIS STANLEY, JR. Sale Date: SEPTEMBER 7, 2005 SERVE MORRIS STANLEY, JR. AT 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 SERVED Served ,*,d made known to 11.0('("'5 ~vJ (<?1/ ':::)y, , Defendant, on the c.J tJ~ day of VI'd-! ,2002, at Oyff.o'c1ock.{!..m.,at?COU W~l<-~Z:V~n~ r{:.<:S" )t(<2c:l-?-,ulCS.k,\.)V'(:..) ,Commonwealth ofPe~ylvania, in the manner described below: 'Defendant personally served, . ~ ~Adult family member with whom Defendant(s) reside(s). Name and Relationship isW , ~ !Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. K'" 'I F I S~G>oJ \"f : Manager/Clerk of place oflodging in which Defendant(s) reside(s). / 'Agent or person in charge of Defendant(s)'s office or usual place of business, , an officer of said Defendant(s)'s company. I "/b fO/o.J5 \o(OI-lJ ["C), i\.. Descrip~on: Age~. Height~ WeightJ!iQ. Race W~ Sex F Other (00 5"05':5'e:> I, CiDl~""<-<L l \ C<>~'/ ~ a competent adult, being duly sworn according to law, depose and state that I personally handed a true a~d correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the addr~ss indicated above. i Other: Sworn t~ and subscribed befor'il rUe this ;:I.~ d~ Of'V~ Notary4 . 1-i1~ By: PL"ASE A TTEMPT SER~E AT LEA NOrARW.SEAL UlCUE H. CARTY, = NllIc =':Nov.10. 3 TIMES. ~ATE DA NOT SERVED On the day of ,200_, at Moved Unknown No Answer 1 st Att~mpt: / I Time: 3rd Atltempt: I I Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / I Time: Sworn t~ and subscribed before ole this _ day of , 200 _' Notary: By: Attorne for Plaintiff Daniel . Schmieg, Esquire - I.D. No. 62205 f.....) --..:"::' /-:> .'1.1 L:..... C..n ::;:J i.' ...., , l..C l~') .~.:c,. '....., RightFax 5/9/2005 11:57 PAGE 001/001 Fax Server PHELAN HALLINAN & SCHMIEG, LLP. One Penn Center at Suburban Station 1617 Jobn F. Kennedy Suite 1400 Pbiladelpbia, PA 19103-1814 J 215-563-7000 Main Fax 215-563-5534 Sandra Cooper Legal A..istant, Ex!. 1158 Representing Lenden in Penmylvania and New Jersey May 9, 2005 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 ATTENTION: JODY FAX: 717-240-6397 Re: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER TIlE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 v. MORRIS STANLEY, JR. No. 04-4027 CIVil.. Premises: 7000 WERTZVILLE ROAD, MECHANICSBURG, P A 17050 Dear Jody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled for September 7, 2005. Please be further advised that no consideration was reported to have been received to our office. Very truly yours, Sandm Cooper 51IDIDS~ CDP\{ oF' u.HI.f E: 11 I rOO - (V{~ ({ I:Ae-fc Ai t bY VlLL( S ChVVLU2. c; " to , \ , DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1,2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-4027 CIVIL v. MORRIS STANLEY, JR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES. INC. SERIES 2002-C. ASSET BACKED CERTIFICATES. UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1. 2002, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .7000 WERTZVILLE ROAD. MECHANICSBURG. P A 17050 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICS BURG, PA 17050 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS STAMBAUGH 741 TOWER ROAD ENOLA, PA 17025 MARY L. TROAIN 12 WHlTEBIRCH AVENUE MECHANICSBURG, P A 17050 . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None S. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 OS 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 25. 2005 DATE w~ $-4~ DANIEL G. SCHMIEG: SQUIRE Attorney for Plaintiff ,. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 Plaintiff, CUMBERLAND COUNTY No. 04-4027 CIVIL v. MORRIS STANLEY, JR. Defendant(s). April 25, 2005 TO: MORRIS STANLEY, JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 7000 WERTZVILLE ROAD, MECHANICSBURG. PA 17050. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $194,278.85 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC. SERIES 2002-C, ASSET BACKED CERTIFICATES. UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1. 2002 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2]5) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (7] 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. , . DESCRIPTION ALL THOSE CERTAIN lots. parcels or tracts of land sltuale in Silver Spring Township, Cumberland County, Pennsylvania. bounded and described as follows: tOT 1: BEGINNING at a point in the centerline of the State Highway. Route No. 944 (als<l known lIS WemviUe Road). whiclJ said point i. at the inlerSe<.1ion of lbe Eastern line of a private rigbt-of-w.y fony-four (44) feel wide: IhellCe along said M-<t~n line of the aioremeotionW private righl.of-way North one (J) degree tWenly-five (2$) minutes Wesl . distance of ooe hundred seventy-five and One tenth (175, I) f<etlo a point; thence along \be ]joe of lands now or formerly of Ray a, ('.>lIrver, el nx and R.E. Best et ux North eighty' five (85) degrees East a disUlIlce of sixly-three and one teoth (63.1) feer 10 a point; thence along the line of LoI No.2 herein South five (5) degree. East a distance of one hundred seyenty-five (\75) feer, more or leo., to . centerline of the State Highway. Route No. 944. aforementioned; lhence hy tlte centerline of the Stale llighway. Route No. 944 South eighty-fiye (85) degrees Wes1 a di!tance of sixty-six (66) feet to Ille poim and place of beginning. !&.U;. BEGINNING at . point in the center of the Stale Highway. Route No_ 944 (also known as WerLtyille Road), the SouthCllSt comer or Lot No. I herein; thence North tive (5) degrees West along line of Lot No. I herein a distance of one hundred seventy-five (175) feet, more or I.... to. point; Olence along the line of lands oow or lormedy 01 Ray A. Garver'" W< and R.E. nest et ux North ei~bty-five (llS) degrees FAlSI a diotaoce of eighty (80) feel to a point; thence along the line of I.ods of the same South five ($) degrees fa>! one hundred seventy-five (I7$) feet, more or less, to a point in the center of the Slate IlighWllY, ROUIe 944. af""""""tioned: tbence aJ"og tbe centct]jne of Stale Highway. Route 944 South eighty-live (85) d"8rees West eighty (80) feet to tbe poinl and place Of beginning, Tax Parcel #38-13-0085-058 RECORD OWNER TITLE TO SAID PRIiMISF.'lIS VESTED IN Murris Stanley. Jr.. husband by Deed frnm Morris ~lanley. Jr. and Kelly FrallCCs Stanley. husband and wife. <:1ated 8121/2002 and recorded 8/3012002 m Deed Book 253 Page 1952_ PREMISES BEING: 7000WERTZVILLE ROAD, MECHANICSBURG, PA 17050 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC, SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMEMT DATED AS OF OCTOBER 1, 2002 Plaintiff(s) From MORRIS STANLEY, JR., 7000 WERTZVILLE ROAD, MECHANICSBURG P A 17050. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 7000 WERTZVILLE ROAD, MECHANICSBURG PA 17050 (SEE LEGAL DESCRIPTION) (2) (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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $194,278.85 L.L. $.50 Interest FROM 4/25/05 TO 9/7/05 @ $31.94 PER DIEM = $4,311.90 Atty's Comm % Due Prothy $1.00 Ally Paid $117.40 Plaintiff Paid Other Costs Date: APRIL 28, 2005 CURTIS R. LONG Protho Deputy (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #02 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 7000 Wertzville Road, Mechanicsburg, more fully described on Exhibit "A" Date: May 04, 2005 By:,JJcr4 ~ Real Estate Deputy @) c:;;:a CViJ c::=::r ~ OVU filed with this writ and by this reference incorporated herein. OS :( d bl \:\d~ SOOI "dd ,/"li'~;i ' '.:L:lnD\\S " _~ ;:' ( i, q, .J:U ..:;,...11.::1':\" ( . , ... DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 Plaintiff, CUMBERLAND COUNTY No. 04-4027 CIVIL v. MORRIS STANLEY, JR. Defendant(s). April 25, 2005 TO: MORRIS STANLEY,JR. 7000 WERTZVILLE ROAD MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR mAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND mIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. Your house (real estate) at , 7000 WERTZVILLE ROAD, MECHANICSBURG, P A 17050, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $194,278.85 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3 ]29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the , ... judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as iftbe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 1 ... DHSCRIP'l'ION ALL THOSE CERTAIN [ot.. por""l. orllaclS of 'and .Iwate in Silver Spring Towosbip, Cumberland County, Pennsylvania. bounded aoo descrillcd as fo!lows: tOT I: BEGINNING at . poinl lu the centerline of the Stale Highway. Route No. 944 (a1... known ll> Wenzville R<ladl, which said poinl i. allbc ioten;"';licn of the Eastern Ii... of a privale right-of-way l'orty-rOur (44) feet wide: thencAl a1nng said lJallletn line of the aforementioned private right-of-way North one (l) dt8ree twenty-me (2~) minutco WeOl a diSIJm"" of one hundred seventy.five and on. tenth (175, I) (cello a point; tllenee along the line of lands now or lormerly of Ray a, Garver. 01 ox and R.E. Ben er ox North eighly-fivc (85) degrees East a di.UIllce of sixty-three and one .entll (63.1) leet to . point; thence along the line of Lot No. 2 herein South live (5) degr= Cast a dis!31tce of one hullllred "'''IDly-five (17~) feet. more or I.... 10 a centerline uf the Stale Highway. Route No, 944, aforementioned; tbence by Ule eenterline of (lte State lli&hway, RoUle Nu. 944 Soulh eighty-live (&5) degrees We:rt a d)~tance of sixty-six (66) fed ill the poiTll and place of ""ginning, !&I.ll BEGINNING at a point in the center of the Slale Highway, !<<tUll: N<:I. 944 (also known a.~ WerttviUe Road). the Saurb_ COrDer <:If Lot No. I berein; them;e Nmlh tive (5) degrees West al~g IiDe of LoI No, 1 berein a dlstaoJ::e of onc bundred seventy-five (175) keto m<>re ()I' \<0:;,10' point; thel1ce aloag tlu: line of lands ww or fonnedy of Ray A. Garver et 1lX lUtd R.E. Dest et ux NorUl eigbly-five (85) degrees F.a.t . diSWlCe of eigbty (80) feet 10 a point; thence a1ung the line of land. of the same South five (5) degrees Ea.t one hundred sevemy-five (l1S) f..... more OJ less. 10. poinl in lhe center of the Slale Highway, R<lUle 944, aforementioned: tlrence alolIg I~ cclllttline of Stall: Highway. Route 944 So.1Il eighty-five (85) degrees Wcst eighty (SO) feet 10 IlIe poiDland place of bcgilllling. Tax Partel #:\8-13-0985.058 ~ORD OWNER TITLE TO SAID PREMISES IS VES/'ED IN MllIris Sllmley, Jr., husband by Deed from Morris ~taJ\lcy, Jr. and KtJJy Frances Stanley, husband and wile, dated 812112002 and rerorded 813012002 m Deed Book 253 Page 1952. PREMISES BEING: 7000WERTZVILLE ROAD, MECHANICSBURG, P A 17050 WRlT OF EXECUTION and/or ATTACHMENT COMMON~AL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4027 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 AMERlQUEST MORTGAGE SECURlTIES, INC, SERlES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMEMT DATED AS OF OCTOBER 1, 2002 Plaintiff(s) From MORRIS STANLEY, JR., 7000 WERTZVILLE ROAD, MECHANICSBURG P A 17050. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 7000 WERTZVILLE ROAD, MECHANICSBURG PA 17050 (SEE LEGAL DESCRlPTION) (2) (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 $194,278.85 L.L. $.50 Interest FROM 4/25/05 TO 9/7/05 @ $31.94 PER DIEM ~ $4,311.90 Atty's Corum % Due Prothy $1.00 Atty Paid $117.40 Other Costs Plaintiff Paid Date: APRlL 28, 2005 CURTIS R. LONG Proth (Seal) By: i i REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 TFltJe <"Opy FR In 71tSt1mony Whereot 'haOM RECORD and at . re untD set my _ Coo at tar/Isle 0.. 'JJirrrr: Real Estate Sale #02 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 7000 Wertzville Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. -0 3, -\ Date: May 04, 2005 By: J(J~ Siii;JJ, Real Estate Deputy OS :~ d bG l:ldV SOOl 'rId <)"i'ii,:tl.!j}', ;"~" -.\r\\ -\.j6"" '~\\JClUr. .,," ~,J _~,-'-" j...... u....r,,) ..J.">' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4027 CIVIL Plaintiff, v. MORRIS STANLEY, JR Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~J )jJ! I DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES, INC. SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 Plaintiff, CUMBERLAND COUNTY No. 04-4027 CIVIL v. MORRIS STANLEY, JR. Defendant(s). April 25, 2005 TO: MORRIS STANLEY,JR. 7000 WERTZVILLE ROAD MECHANICSBURG, P A 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR mAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND mIS DEBT WAS NOT REAFFIRMED, lliIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 7000 WERTZVILLE ROAD, MECHANICSBURG, P A 17050, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $194,278.85 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC. SERIES 2002-Co ASSET BACKED CERTIfiCATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the . judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. Yau may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (0) days after the distribution is filed. 7. Yau may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ., DR~CRlP'l'I()N ALL THOSE CImT AIN Iors, parc<ols Or tracts of land sll\lllle in Silver Spring Township, Cumberland Connly, PennsylvllJlia, boun4ed anO descrIbed 3$ follows; LOT 1: BEGINNING at a point in the centerline of the Slllte HighW'dY, Route No. 944 (also \:nown as Wemville Road), wbicIJ said point is at tbe inrerse<.1ion of lbe Eastern line of. private right-of.way fony-four (44) feet wide; Illeoo! :JIong ,aid Ea.~retn line of Ibe aforementioned private righl-of.way North ORe (l) dellree rwency-five ~) minutes West a distance of <me hUlldrW sevemy-five a11d one tenth (175.1) reel 10 a point; then~. along the Une of lands now or formerly of Ray s. Garver, et ux and R.E. BeSt er ux North eighty-five (8;) degrees I2st a diSl<lllte of sixty-wee and one telltll (63.1) feel 10 a point; ,hence along the lille of Lot No.2 herein South live (5) degr.... lias, a dislanee of oRe hundred se.enlj'-five (t?S) feet, more or le>s, to accllterline of the Slllte Highway. Route No. 944, aforementioned; thence by lbe centerline of the Slale lIighway, RoUle No. 944 South elgblyelive (85) degrees West a distance of sixty-six (66) feet to the pOl1\l and place of bcglnnlng. ~ BEGINNING at a point io the center of the State Highway, Route No. 944 (also \:Down as Wert:l,ville Road), the SOUtheast comer of till No. I herein; lbonce North fIVe (5) degrees West along \ine of Lot No. t b<orein a dlsCUlCe of one bundred seventy-five (175) feel. more or Ie.., to a point; then"" along Ihl: line of lands now or formerly of Ray ^. Garver et UK and R.E. Best et ux Norch eil:hlY-five (85) degrees F..IIst Ii distance 0./ eigbty (80) feel to a point; thence aJongthe Iille oC lands of the same Soullt five (S) degrees Ea:sr one lIundred sevemy.five (175) feet, more or less, to a poinl ill the center "fthe State Highway, RouIe 9#, aforementioned; tbenee along the contaline of SIalI: Higbway, RoUle 944 South eighty-nvo (85) d"8l'eCS Wesl eigbty (BO) c..et to tile poim llDd place l>fbcginning. Tax Parcel #38-13-0985-058 RECORD OWNER 'I'ITLE TO SAID PREMISES IS VESTED IN MorrL~ SlanIey, Jr., hosband by Deed from Monis SllI1llcy, Jr. llDd Kelly FtlInces StanlC)', husband ana wife, dated 8I2112002 and recorded 8/3l)/2002 in Deed Boolc 253 Page 1952. PREMISES BEING: 7000WERTZVILLE ROAD, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) .;0 COUNTY OF CUMBERLAND) NO 04-4027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC, SERIES 2002-C, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMEMT DATED AS OF OCTOBER 1, 2002 Plaintiff(s) From MORRIS STANLEY, JR., 7000 WERTZVILLE ROAD, MECHANICSBURG PA 17050. (l) You are directed to levy upon the property of the defendant (s)and to sell REAL EST A TE LOCATED AT 7000 WERTZVILLE ROAD, MECHANICSBURG PA 17050 (SEE LEGAL DESCRIPTION) (2) (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 himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $194,278.85 L.L. $.50 Interest FROM 4/25/05 TO 917105@$31.94PERDIEM = $4,311.90 Atty's Corum % Due Prothy $1.00 Atty Paid $11 7.40 Plaintiff Paid Date: APRIL 28, 2005 Other Costs (Seal) CURTIS R. LONG :~.~ ~,b~~-- i Deput REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 fAlse (,()PV FROM ft III T~Y'Nh8f6Of I he nECORD Ii of . re unto Set my hanG , . at CarusIe'1~ _ . aum1t Real Estate Sale #02 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 7000 Wertzville Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By:J~oUt 500tL, Real Estate Deputy os :( d bZ 'dd~ SOOI './d ')..1'H;" :' 'rJ-:~'-l\.!,,1n .:!.:l\i:J]H~) .l o. -"~''''