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HomeMy WebLinkAbout04-4431 FEDERMAN AND PHELAN, LLP By: 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 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.C/.{- 44JI C:lu;tr~ CUMBERLAND COUNTY Plaintiff v. ARTHUR D. THOMPSON 2800 SPRING ROAD CARLISLE, PAl 70 13 DORIS M. THOMPSON 2800 SPRING ROAD CARLISLE, PA 17013 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. IF YOU DO NOT RAVE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TRA T 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, P A 17013 (800)990-9108 File #: 98404 File #: 98404 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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 AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are: ARTHUR D. THOMPSON 2800 SPRING ROAD CARLISLE, PAl 70 13 DORIS M. THOMPSON 2800 SPRING ROAD CARLISLE, PA 17013 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/25/2002 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. 1763, Page 483. PLAINTIFF is now the legal 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 02/01/2004 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 #: 98404 6. The fol1owing amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 08/31/2004 (Per Diem $15.13) Attorney's Fees Cumulative Late Charges 06/25/2002 to 08/31/2004 Cost of Suit and Title Search Subtotal $60,525.48 3,691.72 1,250.00 384.15 $ 550.00 $ 66,401.35 Escrow Credit Deficit Subtotal 0.00 2,640.71 $ 2.640.71 TOTAL $ 69,042.06 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be col1ected 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 wil1 be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave 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 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 69,042.06, together with interest from 08/31/2004 at the rate of $15.13 per diem to the date of Judgment, and other costs and charges col1ectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FEDERM~ NDPHELA~LP ~L By: ;8 r~~at t - FRANK F ERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98404 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by property of Nellie K. Ditenhafter, bounded on the East by North West Street, bounded on the South by property of Jennie Parker, and bounded on the West by a twelve foot wide alley, and being 12.9 feet in front on North West Street, and of even width throughout and 93 feet in depth to the aforesaid alley in the rear. HAVING erected thereon a two story frame dwelling house known and numbered as No. 436 North West Street , File #; 98404 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of 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. ~~ >: lilt Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: J/3i?J/ (J -IQ tk'\~ ..... v.., ~ ~ ~ -0 -gt3f--- 6' ~ ~ ~ <;~; ~ .-~ " -1"'1 (I;, ;-,,-\\~, t;~; .'0. t-:.l "'"1 \.~.\ ~;). ~'- .,"\ , "", i:"~_\ ::;'" '.',(0 l_~\ (~! .\j I......) .:< t....,.. e SHERIFF'S RETURN - REGULAR CASE NO: 2004-04431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS THOMPSON ARTHUR D ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON DORIS M the DEFENDANT , at 1507:00 HOURS, on the 8th day of September, 2004 at 2800 SPRING ROAD CARLISLE, PA 17013 by handing to ARTHUR D. THOMPSON, ADULT IN CHARGE 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: ~,. """'.....' " - -f "-~'..' M.....U.- "1 .",;;/~!,.:.~.",- -" ',,- [ . 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 09/08/2004 FEDERMAN & PHELAN Sworn and Subscribed to before 6- me this /f, - day of ~ dlOVY A.D. n, a~# ~honotary , By: fL-- !L- Deputy SherJ.ff ~ CASE NO: 2004-04431 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS THOMPSON ARTHUR D ET AL RONALD KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON ARTHUR D the DEFENDANT , at 1507:00 HOURS, on the 8th day of September, 2004 at 2800 SPRING ROAD CARLISLE, PA 17013 by handing to ARTHUR D. THOMPSON 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 3.70 .00 10.00 .00 31.70 .~~~ R. Thomas Kline 09/08/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~!L- Deputy Sheriff me this It-.!S day of -1",,-~ c:loo'l A.D. n. a Ih.dl,~, ,p,,;:;;: ~honotary , -r-/ FEDERMAN AND PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, P A 19103-1814 (215) 563-7000 U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED P ASS- THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 505 SOUTH MAIN STREET, SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4431 CIVIL Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON 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 ARTHUR D. THOMPSON and DORIS M. THOMPSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/1/04 to 10/19/04 TOTAL $69,042.06 $741.37 $69,783.43 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) .are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1)a;-u,JL ~ %-n ~<~ 1s'~IEL G, SCHMIEG, ESQU~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . t /) DATE: CH-;2/, d.-Odf ~-VJ-i;v; )k..;r-~ PRO PROTHY . {/ . 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 (7.15) ')61-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED : CIVIL DIVISION PASS-TIIROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF SEPTEMBER 1,2002 Plaintiff : NO. 04-4431-CML TERM Vs. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendants TO: DORIS M. THOMPSON 436 NORTH WEST STREET CARLISLE, PA 17013 FilE ce" DATE OF NOTICE: SEPTRMRRR 29,2004 THIS FIRM IS A DEBT COLLEcrOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLEcr THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSKIF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEcr A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 )s~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff l'cUbRMAN 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 (21 'i) 'i61-7000 u.s. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED : CML DMSION PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF SEPTEMBER 1, 2002 Plaintiff : NO. 04-4431-CIVIL TERM Vs. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendants TO: ARTHUR D. THOMPSON 2800 SPRING ROAD CARLISLE, PA 17013 f\LE &UI DATE OF NOTICE: SF,PTRMBRR 29, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~l~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (7.15) 'i61-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED : CML DMSION PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF SEPTEMBER 1, 2002 Plaintiff : NO. 04-4431-CML TERM Vs. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendants TO: DORIS M. THOMPSON 2800 SPRING ROAD CARLISLE, P A 17013 FilE COPl DATE OF NOTICE: SRPTRMRRR 29, 2004 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTE~T TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ?s (..f-tM FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS THOMPSON ARTHUR D ET AL RONALD KERR I Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON DORIS M the DEFENDANT , at 1507:00 HOURS, on the 8th day of September, 2004 at 2800 SPRING ROAD CARLISLE, PA 17013 by handing to ARTHUR D. THOMPSON, ADULT IN CHARGE 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ...,r.,;,v' :' .....,.:;:;.'.. /...... .;0fi ;;,;,V' ;'''>':f.;:~.:..).;~'i~'':'''< 4,....,.~ -, .~. :.-,. ..&' ~b:J R. Thomas Kline 09/08/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ !L-- Deputy Sheriff me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-04431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS THOMPSON ARTHUR D ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON ARTHUR D the DEFENDANT , at 1507:00 HOURS, on the 8th day of September, 2004 at 2800 SPRING ROAD CARLISLE, PA 17013 by handing to ARTHUR D. THOMPSON 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 3.70 .00 10.00 .00 31. 70 .r~~~ R. Thomas Kline 09/08/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~/C Deputy Sheriff me this day of A.D. Prothonotary C IV () """9- ~t-\~ p. tt Lv 0 ? ~ ~ ~ lU )oJ .c I ,.. ---- ~J r:--- -..1 R ~ ~ ..... (") ,....., ~. ';' ~ ,~; c..., '. -l.;- "!'i o --1 ('') :r- --l f! I ..1"1 r", :':n ~ ;!8 ; .' < ~,. I,.,r._, ~. r;; .: ::',.i. .,r:- _] -J "-,.; ,I : PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED P ASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 No. 04-4431 CIVIL Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $69,783.43 /' Interest from 10120/04 to MARCH 2, 2005 (per diem -$11.47) $1,536.98 and Costs TOTAL $71,320.4.1 {\ 0 51 ..Q iJL t~J~(\~ fI'i: 0 in- ~IEL G. SCHMIEG, ESQUIRE U One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale . f"~ . ~ ~.... ....= =t-- t--.... ....< ~:S <~ 00~1 00 ~ ... ...~ OZ <"~ ,,< Z ~~ 00< ~~; ~~ 0 ~ 0000 <> ""'" ""'" ""'" ~~ ~~ ~ C>o ~~ E:~~=O~ ;;;J <:> ~oo Zz u zZ <O"?"O~N ~'E' f uu -ci ~N ~ = ~O ~~ ~ OZ U =;;;J~~= ~ ~t: ~~~~~~~ ~oo ~ = ~~ ~~ ~ S ~ i:l ~~ en ~;;; oo~~=~~~ O~ Ou ~ ~ .0 O~ <O~E7~~~ =0 ~ ~ "" >-. UZ rIi ~= ~~ Co;j ~;;;J ~~~oo~ = >- .~ ZZ 8 00 Z oo~~,,~ ~ . ~~ ~~ ~ ~ r~ < ~ ~~ ~u O~u~.,r,,~ ~ ~ .~ ~ ~ ~~ ""'" Z ~ ~ ;;;JOO or 0000 ~ ~~~~~as~ =~ == Po ;;;J~ ~ ~ .~I~ == ~g ~~ ClC ClC ~ 8; Zo~u~U~ NN ~ ~~"'E=<""'"S:O ~- ~ ""'" ~~ ~~~=~~ u Vi == ~ ""'"~ ~ en ~ ~~ =00;;;J ~oo .-i:i P .tl ~ Z;;;J ~~~ ~~ - ~ .... ""'"u ~ 0::> 1 -:;~ ,:;''"\ , '. Jl '"-":I.". c' ~ oj ,....~... -f' :. ) 3 '-~ ....:.r- c.::-;, c..:'J (... .~ ''-oJ '~J ~ 1 r--- %: ..j. ~ <l () ~ ...s ~ 0 N) . ....... J L1 't i ~ 0 'i I S): . u. o LEGAL DESCRIPTION ALL THAT CERTAIN tract of land wUh the imprQvemcats thereon erected situate in the Fiflh Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania. lllore particularly bounded and described all follows: BOUNDED on the North by properlY of Nellie K. Ditenbafter. boondoo on the East by Nonh West Street, bounded on the South by property of Jennie Parm. and bounded OJ) tlJe West by a twelve foot wide alley. and being 12.9 feet in front 00 North West Street. and of even width throughout and 93 feet in depth to the aforesaid alley In the rear, Having erected thereon a two story frame dweUiog house known and numbered as No. 436 North West Streetl Carlisle. Pennsylvania. XfJl..E TO$AID P.Rf.MTSJiS IS VRSTEO IN Althur D. Thompson and Oori~ M. Thompson, his wife by Deed from Paul Perry dated 512811991 and recorded 512.911991 in Deed Book 3~O Page 195. TalC Parcel 10620-1798-215 ~ ~~~ -J "0 --- 0--> S-Ji ~- - ~ ?Gf"":-~~- '2- ~ ~YJ ~'~ pv J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N004-4431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., SERIES 2002-3, ASSET-BACKED PASS- THROUGH CERTIFICAES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 9/1102 Plaintiff(s) From ARTHUR D. and DORIS M. THOMPSON, 2800 SPRING ROAD, CARLISLE P A 17013/ (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 436 N. WEST ST., CARLISLE PA 17013 (SEE CERTIFIED DOCKET ENTRIES) . (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,783.43 L.L. $.50 Interest 10/20/04 TO 3/2/05 @ $11.47 per diem = $1.536.98 Atty's Comm % Due Prothy $1.00 Atty Paid $129.70 Other Costs Plaintiff Paid Date: OCTOBER 21, 2004 CURTIS R. LONG (Seal) :(tr~ ~uL,.. 'J Deputy 0-- REQUESTING PARTY: Name DANIEL G. SCHMEIG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPIDA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No, 62205 FEDERMAN and PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED P ASS- THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 505 SOUTH MAIN STREET, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4431 CIVIL. Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ARTHUR D. THOMPSON is over 18 years of age ~d resides at, 2800 SPRING ROAD, CARLISE, P A 17013. (c) that defendant DORIS M. THOMPSON is over 18 years ~fage, and resides at, 2800 SPRING ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ~~'m O~J}J "~ANIEL G. SCHMIEG, ESQUIRIU Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OCT-19-200408:15:46 Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name THOMPSON Currently not on Active Military Duty, based on the Social Security Number and last name provided, First Middle Begin Date I Active Duty Status I Service! Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to.all branches of the Military. . t::::W~6-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a.match or non- match. https://www.dmdc.osd.mil/udpdri/owalsscra.prc _Select 10/19/?004 Request for Military Status Page I of 1 Department of Defense Manpower Data Center OCT-19-200408:16:01 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency THOMPSON Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches ofthe Military. ~~<L-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd" Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Depaftn?ent of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https://www.dmdc.osd.milludpdrilowa/sscra. prc _Select 10/1912004 FEDERMAN and PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INe., SERIES 2002-3, ASSET- BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4431 CIVIL Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON 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. . ~oSLDii~ ~m 0; n. ;JANIEL G. SCHMIEG, ESQU~ Attorney for Plaintiff ...: ... US BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4431 CIVIL AFFIDA vrT PURSUANT TO RULE 3129 (Affidavit No.1) U.S BANK NATIONAL ASSOCIATION~ AS TRUSTEE~ OF AMERIQUEST MORTGAGE SECURITI~S INC.~ SERIES 2002-3, ASSET -BACKED PASS-THROUGH CERTIFICA TES~ UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1 2002, Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as the date the Praecipe for the Writ of Execution was filed the following information concerning the rl property located at. 436 NORTH WEST STREET~ CARLISLE. P A 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name ARTHUR D. THOMPSON DORIS M. THOMPSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 2800 SPRING ROAD CARLISE, P A 17013 2800 SPRING ROAD CARLISLE, P A 17013 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 ( property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address oflast recorded holder of every mortgage of record: 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 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 436 NORTH WEST STREET CARLISLE, P A 17013 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 personal knowledge or information and belief. I understand that false statements herei~ are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 19,2004 DATE ~ortid~~~. ~ANIEL G. SCHMIEG, ESQUIRE CS Attorney for Plaintiff U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 CUMBERLAND COUNTY No. 04-4431 CIVIL Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendant( s). October 19, 2004 : TO: ARTHUR D. THOMPSON 2800 SPRING ROAD CARLISE, P A 17013 DORIS M. THOMPSON 2800 SPRING ROAD CARLISLE, PA.17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD No.T BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 436 NORTH WEST STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $69,783.43 obtained by U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED P ASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 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 h~ghest bidder. You may find out the price bid by calling (215) 563-7000. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your-house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE . CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of 1aa.d with ehe improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Q)unty of Cumberhmd and State of PeIlllS)'lvania. more particularly bounded and dcscnbcd as follows: BOUNDED 00 the North by property of Nellie K. Direnbafter. bounded on Che East by Notth West Street. bounded on the Soutb by property of Jennie Parker. and bou.nded on the West by a twelve foot wide alley. and being 12.9 feet in front on North Wesl Street. and of even width thro~out and 93 feet in depth to the aforesaid alley in the rear. Having erected thereon a two story frame dwelling house known and numbcmlu No. 436 North West Street, CarliB1e, Pennsylvania, TITLE TO.SAlnp.RF~nsFS IS VF-STEO IN Arthur D. Thompson and Doris M. Thompson. bi1l wife by Deed from Paul Perry dated 5/2811991 and recorded 5129/1991 in Deed Book 3.s..D Page 195. Tax Parcel #0620-1798-21S 0 1''''':> C' C'C> C) C._' ...;.:.'- -n Cl --I <: ~, -I" ~I i l'i~l f f',) In ,-, ""o'> - .~ f ...) " .. ; ! ,.'"S ~.."':-) t n ,-..... 1_-, C) '" AFFIDAVIT OF SERVICE CUMBERLAND COUNTY . PLAINTIFF V.S BANK NATIONAL ASSOCIATION, ET. AL. No. 04-4431 CIVIL PJT - DEFENDANT(S) ARTHUR D. THOMPSON DORIS M. THOMPSON Acel. #0036526366 SERVE DORIS M. THOMPSON AT 2800 SPRING ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 SERVED Served and made known to [1~ \ s ~, 1"k"'\f50\l , Defendant, on the 56 ~ dayofOAc!~~V'- , 200~ at 4: ~ 7, o'clock~.m., at CJ.800 :>f'<<.\ \J~ r(~. J C~R. \ i sl ~ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ~~ V Adult family member with whom Defendant(s) reside(s). Name and Relationship is \. "a\J'JlAk>~ . Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. JVT/ ~ 'A: Manager/Clerk of place of lodging in which Defendant(s) reside(s). +\.. ~ Agent or person in charge of Defendant(s)'s office or usual place of business. L V{()"'1lf 50 tJ an officer of said Defendant(s)'s company. ~ Other: '-b 10 -' II I 5 /l/~ .- ' ~ac.k. "'~,~ Description: Age~ Height.? OJ. Weight Id.O Race~Sex~ Other ~ I \_ rvo j'(!YS5eff I, , -r;: a competent adult, being duly sworn according to law, depose and state that I pers nally handed a true and c ect copy of the Notice of Sheriff s .. . ued in the captioned case on the date and at the address indicated above. Sworn to and subscrip,ed ~;f~t~S~:~o~~ ~ Notary:~ By: PLEASE ATTEMPT SERVI AT L IMES. DI ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt:_ / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~ AFFIDAVIT OF SERVICE .- . PLAINTIFF U.S BANK NATIONAL ASSOCIATION, ET. AL. CUMBERLAND COUNTY PJT No. 04-4431 CIVIL DEFENDANT(S) ARTHUR D. THOMPSON DORIS M. THOMPSON AceT. #0036526366 SERVE ARTHUR D. THOMPSON AT 2800 SPRING ROAD CARLISE, PA 17013 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 2, 2005 SERVED Served and made known to ~xt~l,)tt.... D, --rt;bwfStl~ at 1:37,0'clock-f.m.,at d.8PO ~rl(i ~ Rd ') ~ , Defendant, on the .3 d C~\,~s~ ~ day oOc~~ ov , 200,* , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. . -1 ~~ Y- Adult family member with whom Defendant(s) reside(s). Name and Relationship is Cdv5 e ~ Adult in charge ofDefendant(s)'s residence who refused to give name or rela.tionship. Manager/Clerk of place of lodging in which Defendant( s) reside( s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company, ~~e~ ~OlMrS()\-J Other: , (I 11,5 ,yJJ)' block ~e.i I\. Description: Age.!..8.- Height ~ Weight J~d Race -1:2i1 Sex L Other f-Jo 'J lass<=, .> I, ~"e&jc...... k, Glt..~'( ~competent adult, being duly sworn according to law, depose and:state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the . issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAl. Sworn to and subscribed LUCILLE H. CARTY, Notary Public beffj~~~ fl'day 1l . Franldin County of 200!b ~My '_. . ~.2001' Notary~ qJ)~ / By: _ PLEASE A TTEMP{ S~;VICii. T LE 3 TIMES. INDICATE D NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt:. / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~1,':P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S BANK NATIONAL ASSOCIATION, ) CIVIL ACTION AS TRUSTEE, OF AMERIQUEST ) MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET-BACKED PASS- THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 vs. ARTHUR D. THOMPSON DORIS M. THOMPSON ) CIVIL DIVISION ) NO. 04-4431 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC.. SERIES 2002-3, ASSET-BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2002 hereby verify that on 10/21/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 21,2005 ~D1\\iQ\ t\b~J'N QO~ \<\NIEL G. SCHMIEG, ESQU Attorney for Plaintiff ."", ~€. ~ ~7- <ft ~~ ~. ~~ 'Ii ~ - u> - ,., - - - ., "'..., ~ ~'/; '.- l <7- ~~ .". g 0 ~~. o.~ (',$b " . % rn ~ ",'" ~g ~i 2.~ ." . 9- % 9, ~ ~;. d1. ~.,.~'S',....>, gg~'~ 'if bi/HW; ~ ~ ~ g i.hh wS .-.' g :;T. is ~ 9., 0 g .......-c;e.. 'O''g.oO'': ~%9!i %,,80- il:'<' 'd ~.'./> g'~ a~:2 ~~ ~;; 6. ~'ii- a g %. g 'Ii>" ~ ~ 0 ..!.. V>~ ~ l:l <;! ~~;;:l e. Ql vo. li\'-" '\\ '8\1 %.~ s? ~ .' ... ~;trI g. ;.%-9. ~ r~.h p.~~~ . " -.. ~~.~\ h~ii ~.~~~. s-~~'i ijg3?>.. g.tTI? ~ o"~. t<''d .... _'ri. ,..... a~ gO';). ; 'lf$" r."'~t ",h% a::r ....i3, ~\;~ i\ ('ll P::3, . _,,, 9 ':f.g?5 .... ~~ -g~ ~~"'&~ ~~''9.~ B ~,.,., ~ (ll 9. \(d r' - o -0 if.> -' 0' en ., ,-" c ,., - ~ ~. <> <0 z c: % '" ... 0",2 ....,Q." v>::;s ~ III ~ Q..t,~ ~ Q. .-l 12 ~ o () % ~ 7fo:,~~ ~,..-o~d ~::~tn \ ~gB ~'l-r'Jn '" . ('\l .,;'1'<"" ~~;~ .o(l}~O 'O.'2:'~>-d <>'o;jb';; ;;o~r ~%~~ ~ ~ r:p"r ~ f4 ~. r ;0; 0 >-d ,",,,,;; .~ ~. ... " " - oS'" .~ <;; ~ ~ B '6 ~ ~~t ~ ~ i ~~\ ~ ~ ~ o ~ ~ z ~ e; ~ r./'J ~ 12 \?; ~ ~ ~ ~ \ ~ '? ? ~ ~ ~ ~ '@ CI ~ ~ ~ ~ ~ ? ~ !I ~ ~ \?; ~ S" ~ ~ ..,; trl \Z '; \;, ~ ~ ~ 0 ..,; "'- ~ ~ ~~ ~ t<\ <ft ;..j - - \~ rn '{3. ~~ 9' ?> ..,; - ?> 'J - u.> - -.l - o '" '5-..& FOsr~ /,,'rt 0...... ..., _ .... ~ 1- gNffP-;;r;"-;i!'l' & . }ro.~4~ iffffi~;;;c.{J:.'"#:,.p" ~ .66 V.i a0;~r:,"':S""C~~l:" 'Z. ,,~,..,,'-~~"";;~ l~\"'~'i ~ ? $ 00.900 ~~,'/~c,"C7 CC12',2001\ ~~:\~t:; f~()M 2\PCOD( '9,,3 \\\\\\~ ...', c:;:;> , , c:::" c..n '- T'" :';I'~': !'.:> ,- -n e, ~..i'," c:: (.,,) ;.:: =2 C,} c; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: u'l- <Y 3/ I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriffs Deed in which Ameriquest Mtg Securities Inc Tr is the grantee the same having een sold to said grantee on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution i sued on the 21st day of Oct, A.D., 2004, out ofthe Court of Common Pleas of said County as of Civil erm, 2004 Number 4431, at the suit of Ameriquest Mtg Securities Inc tr against Arthur D Thorn so & Doris M is duly recorded in Sheriffs Deed Book No. 268, Page 312. IN TESTIMONY WHEREOF, I have hereunto se my hand and seal of said office this ;).3 day of -vv\,., ,~ .'...'....t:: , A.D. )..() G 5 .f . Recor Aecorder of Deeds, Cumberland CoonlV. CarlIsle, PA My Commission ExpIres the First MOJ"Id8y of Jan. 2001 ~ U.S. Bank National Association, as Trustee of Ameriquest Mortgage Securities Inc., Series 2002-3 et al VS Arthur D. Thompson and Doris M. Thompson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4431 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, state that on December 08, 2004 at 10:20 o'clock AM, he served a true copy of the within R I Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Arthur D. Thompson and Doris M. Thompson, by making known unto Arthur Thompson, personally and husband of Doris M. Thompson, at 2800 Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at th same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 8:05 o'clock A.M., he posted a true copy of the within Real Esta Writ, Notice, Poster and Description, in the above entitled action, upon the property of Arthur D. Thompson and Doris M. Thompson located at 436 North West Street, CarlisI 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 defendants, to wit: Arthur D. Thompson and Doris M. Thompson, by regular mail to their last known address of2800 Spring Road, Carlisle, PA 17013. These letters were mailed under the date of December 29, 2004 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 March 02, 2005 at 10:00 o'clock A.M. He sold the same for th sum of $1.00 to Attorney Daniel Schmieg for U.S. Bank National Association, as Trustee, of Ameriquest Mortgage Securities Inc., Series 2002-3, Asset-Backed Pass- Through Certificates, Under the Pooling and Servicing Agreement Dated as of Septembe 1, 2002, without recourse. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee, of Ameriquest Mortgage Securities Inc., Series 2002-3, Asset-Backed Pass-Through Certificates, Under the Pooling and Servicin Agreement Dated as of September 1,2002, without recourse of 505 City Parkway West, Suite 100, Orange, CA 92868, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $807.38, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising $30.00 15.83 15.00 15.00 ., I . ~rJ I ifi/1:t ;.0 Lt 1- q. Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Sills Distribution of Proceeds Sheriff's Deed $ 30.00 10.00 .50 1.00 7.40 1.76 15.00 30.00 223.55 317.11 30.73 25.00 39.50 807.3 8 Sworn and subscribed to before me This~dayof a~ 2005, A.t./..: ;tfI~ - Prothonotary ~ So Answers; /~~..~~ R. Thomas Kline, Sheriff By,-Jog~/~ Real Estat eputy U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER], 2002 CUMBERLAND COUNTY COURT OF COMMON PLE CIVIL DIVISION NO. 04-443] CIVIL Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) U.S BANK NATIONAL ASSOCIATION AS TRUSTEE OF AMERI UEST MOR GAGE SECURITIES INC. SERIES 2002-3 ASSET-BACKED PASS-THROUGHCERTI ATES UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTE BER 1 2002, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, set forth as of the date the Praecipe for the Writ of Execution was filed the following information conce 'ng the real property located at, 436 NORTH WEST STREET, CARLISLE, PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ARTHUR D. THOMPSON 2800 SPRING ROAD CARLISE, P A 17013 DORIS M. THOMPSON 2800 SPRING ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment isa record lie on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r1 , 4. Name and address ofJast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot e 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 e 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 atIected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) Tenant/Occupant 436 NORTH WEST STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 correcl to the best of m personal knowledge or infonnation and belief. I understand that false statements herein are made su . ect to the penalties ofJ8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoriti'es. October 19, 2004 DATE \ ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff . , U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-3, ASSET- BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 8EPTEMBER 1, 2002 CUMBERLAND COUNTY No. 04-4431 CIVIL Plaintiff, v. ARTHUR D. THOMPSON DORIS M. THOMPSON Defendant(s). October 19, 2004 TO: ARTHUR D. THOMPSON 2800 SPRING ROAD CARLISE, PA 17013 DORIS M. THOMPSON 2800 SPRING ROAD CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFOJ MATION OBI:AINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCH RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY' Your house (real estate) at 436 NORTH WEST STREET CARLISLE PA 170 3. is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumbe and County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $ 9 783,43 obtained by U.S BANK NATIONAL ASSOCIATION AS TRUSTEE OF AMERIOl EST MORTGAGE SECURITIES INC., SERIES 2002-3 ASSET-BACKED PASS-THRO'GH CERTIFICATES UNDER THE POOLING AND SERVICING AGREEMENT DA" ED AS OF SEPTEMBER 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, 1 te charges, costs and reasonable attorney's fees due. To find out how much you must f ' y, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the'Court to stri e 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 ore 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 0 ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bid er. 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 Sheriffthe full amount due n 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 th 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 proceed ngs to evict you. 6. You may be entitled to a share of the money which was paid for your. house. 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 , if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI 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 ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not presen at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, FA 17013 (717) 249-3166 (800) 990-9108 . . LEGAL J)ESCRIPTlON , ALL THAT CERTAIN tra<;t of land wilh the improv=ts thereon erected situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland and Slate ofPelJIl5ylvauia, more particularly bo nded and described aB follows: BOUNDED on the NOM by property of Nellie K. Dilenhafter, bounded on the East by North West Street, bounded on the South by property of Jennie Parker, and bounded on tile West by a twel foot wide all<:y, and being 12.9 feC! in front on North West Sweet. and of even width tI1rougJIoU{ and. feet in depth to the aforesaid alley in the roar, Having erected thereon a two slOt)' frame dwelling OIlSe 'known and numbered as No, 436 North West Street, Carlisle, Pennsylvania. T~TLE TO SAID PREMISES IS VESTED IN Arthur D. Thompson and Doris M, Thompson, his wife hy Deed from Paul Perry daled 5/28/1991 and recorded 512911991 in Deed Book 35-0 P c 195, Tax Parcel /10620.1798-215 WRIT OF EXECUTION.Jnd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-4431 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, AS TRUST E OF AMEIUQUEST MORTGAGE SECURITIES, INC., SERIES 2002-3, ASSET-BACKED PAS THROUGH CERTIFICAES, UNDER THE POOLING AND SERVICING AGREEMENT DAT D AS OF 9/1102 Plaintiff(s) From ARTHUR D. and DORIS M. THOMPSON, 2800 SPRING ROAD, CARLISLE P A 1701 I (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 436 N. WEST ST., CARLISLE PA 17013 (SEE CERTIFIED DOCKE ENTRIES) . (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 fr m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen nt (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 helshe has been added a a garnishee and is enjoined as above stated. Amount Due $69,783.43 L.L. $.50 Interest 10/20/04 TO 3/2/05@ $11.47 per diem ~ $1.536.98 Atty's Corum % Due Prothy $1.00 Atty Paid $129.70 Other Costs Plaintiff Paid Date: OCTOBER 21, 2004 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMEIG, ESQ. Address: ONE PENN CENTER@SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale # 14 On November 23,2004 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 436 North West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 23, 2004 By:Jd<1~ Real Estat~ Deputy (=) cmJ c:;-:;;.j '-_..::1 <Si:') wt) Bf :Z d , - AON ~OOl lid 'AIHIlUJ aNti iiJ3UWf1:J .:l.:lIH3HS 3Hl .:10 3:JWO '. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Conunonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and xlstmg under the laws of the Conunonwealth of Pennsylvania, with its principal office and place of business at 812 t 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of he Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere established March 4tb, 1854, and September 18th, 1949, respectively, and all have been continuously publis ed ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and pu ished in their regular daily and/or Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January a d the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said pri ed ootice or advertising, and that all of the allegations of this statement as to the time, place and character of pu lication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veri this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously pa sed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book' Volume 14, Page 317. PUBLICATION vl .........................................................I...~........c.......................... COpy SA L E #14 Sworn to and subscribed before me N01AR1AL SEJll. Terry L. Russell. Nota Oty 01 Harrisburg, Dau My commission Expires June 6. 204iQ A Y PUBLIC M.mb.f,p.nn,ylvanl&AsSodM,,~Wion expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 I Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 317.11 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sa have been duly paid. B~............_..................._............................... REAL ESTATE SALE No. 14 Writ No. 2001 1131 CIvIl Term U.s. Bank NatIonal As/Ioclatlon, as lnIatee, of Amerlques1 Mortgage Securities Inc., SerIes 2002-3,__ "- Through CerlItIc:4*s. under \he Pooling and Servtclng Agnoem8IJI 0aIed as of Septelpber 1,2002 v. Arthur D. Thompson """ IlorIs M. Thompson Atty: F_ "-nnan DESCRlPllON " ALL TIIAT CERI'AIN lroCt of land willi the improvements there-on erected situate in the Fifth Ward of the Boroogh of Carlisle, County of Cumberland and State of Pennsylvania, more JXII1i<oI>dy botmdtd and d.scribed " follow", BOUNDl!D on the North by property of Nellie K. Di-, _ on the East by Not1hWestS_bounde.lontheSouthby property of i...... Mer, and botmdtd on the West by a twelve-foot-wide alley, and being 12.9 feet in front on N<t'fl West Street, and of even widtb tbn>u8IJout anu 93 feet ill deptb to lb. sf.....d alley ill the "l'.lIaving _ thereon a two-slllly flame dwcllillg bouse known and _" No. 436 NOl1h West Street. Carlisle. _yl....... 1'ITI.ETOSAID~~VestedinArthUl D. 1boqIooot and Doris M. Tbompson. \lis wife. ". Deod from Paul Pa:ry _ 5I2iI1991 and reconIodY29/1991 iIIlleedllool:35-D Page 195. lixP...JIl1l620,17!l8-215. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA : : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberlan Law Journal, a legal periodical published in the Borough of Carlisle in the County and State afi resaid, 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 reg larly issued weekly in the said County, and that the printed notice or publication attached heret IS exactly the same as was printed in the regular editions and issues of the said Cumberland aw Journal on the following dates, VIZ: January 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumbe land Law Journal, a legal periodical of general circulation, and that he is not interested in the Sl bject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and charactcr of publication are true. \ 0 ' .I (~ Ik ., ,----- Lisa Marie Coynp, Editor ,j SWORN TO AND SUBSCRlliED before me t IS 28 day of January, 2005 d.!'.1 )..), ~rA/ Notary REAL ESTATE SALE NO. 14 Writ No. 2004-4431 Civil U.S. Bank National Association, as Trustee, of Ameriquest Mortgage Securities Inc., Series 2002-3, Asset Backed Pass-Through Certificates, under the Pooling and Servicing Agreement Dated as of September 1, 2002 VS. Arthur D. Thompson and Doris M. Thompson Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle. County of Cumberland and State of Pennsyl- vania, more particularly bounded and described as follows: BOUNDED on the North by prop- erty of Nellie K. Ditenhafter, bound- ed on the East by North West Street, bounded on the South by property of Jennie Parker, and bounded on the West by a twelve foot wide al- ley. and being 12.9 feet in front on North West Street, and of even width throughout and 93 feet in depth to the aforesaid alley in the rear. Hav- ing erected thereon a two story frame dwelling house known and numbered as No. 436 North West Street. Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Arthur D. Thompson and Doris M. Thompson, his wife by Deed from Paul Perl}" dated 5/ 28/1991 and recorded 5/29/1991 in Deed Book 35~ D Page 195. Tax Parcel #0620-1798-215. , .".'t..~