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HomeMy WebLinkAbout05-1325 TERM No.05 - 13;(S CLu;L~~ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ, Id. No. 32227 FRANCIS S. HALLINAN. ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUESI' MORTGAGE SECURITIES, INC.. ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST I, 2004 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Plaintitl' v. HEATHER A. HETRICK ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 Defendants CIVIL ACTION - LA W 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 tiling 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 HA VE 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 MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer ReIerral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#-: 112881 File#: 112881 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THA T 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. who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1. 2004 505 CITY PARKWAY WEST SUITE 100 ORA.NGE. CA 92868 2. The name(s) and last known addrcss(es) of the Defendant(s) are: HEATHER A. HETRICK ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PAl 7013 3. On 06/19/2004 mortgagor(s) made. executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1873, Page: 4534. 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 11/0 1 /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. filei-l: l1nSI 1,250.00 213.92 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2004 through 03/10/2005 (Per Diem $27.25) Attorney's Fees Cumulative Late Charges 06/19/2004 \0 03/1 0/2005 Cost of Suit and T itk Search Subtotal $116,781.39 4,387.25 $ 550.00 $ 123.182.56 Escrow Credit Deficit Subtotal - 202.71 0.00 $- 202.71 TOTAL $ 122,979.85 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 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable. have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 122,979.85, together with interest from 03/10/2005 at the rate of $27.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & SCHMIEG, LLP . 2::::- - - J '? 4-~-<---_ ~..A.-A- - /7 -""-L ~;!Francis s. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff File #: \12881 ALL lIIat certain lnIctof land with lhe ImpItlVements thereon erected altuated In Lower Franktord Township, Cumberland County, Pennl)'lVanla. bounded and delClfbecla. follows: BEGINNING at en Iron pin In lIIe cen.r of the Enola Road leading from Roule 34 at Cari_ Springs to BloMlVIUe at comer of land of John A. Clawson and MaIy Lou Clawson; thence by the lalter. Nonn 22 deg_ 30 mlnutM West {erroneously omllled In prior dHd) 312 "'1,. more or Ie$a. to an Iron pin; thence by land of Cllartea L Myel1l8nd wife. Sou1h n degree. 15 mlnu.. We. 150 feet to an .In:m pipe; lIIence by UIl'Ml, Soultl 13 deg_ East 297.2 feet to a railroad splltaln lIIe center of lIIe Enola Road; thence by tlte center of tlte Enola RoIId. North n degreel10mlnutet East 160 fMt lD a polntlnlllecenlefofuld road; thence by UIl'Ml, North 79 degree. 30 minute. ea. 40 filet, more or INs, to an Iron pin. lhe Place of BEGINNING. PROPERTY BEING: 3304 ENOLA ROAD VERIFICATION lRIA BARAJAS hereby states that he/she is S. R. FORECLOSUlUf OF AMERIQUEST MORTGAGE COMPANY SPECIALIST mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ( / / ~1/~k DATE: ~\~ r.n. .-- -J::. V ~~~ t . 1- 'Z;} q, c- "., ~.\ t ':f;:.'.: V \,,' 1;'1 ~...,.\>., ::',,~Yli (:'? (j-) ;) ...0 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01325 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordi g to law, says, the within COMPLAINT - MORT FORE was served upon HETRICK HEATHER A the DEFENDANT , at 2000:00 HOURS, on the 21st day of Marc , 2005 at 3304 ENOLA ROAD CARLISLE, PA 17013 HEATHER A HETRICK by handing to a true and attested copy of COMPLAINT - MORT FORE tog ther with and at the same time directing Her attention to the con ents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.92 .00 10.00 .00 33.92 ~ R. Thomas Kline 03/21/2005 PHELAN HALLINAN to before By: of 1...1+~ , .' SHERIFF'S RETURN - REGULAR CASE NO: 2005-01325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HETRICK HEATHER A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE HETRICK ERIC J DEFENDANT was served upon , at 2000:00 HOURS, on the 21st day of March at 3304 ENOLA ROAD CARLISLE, PA 17013 HEATHER A HETRICK, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE he 2005 toget er with and at the same time directing Her attention to the conten s thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: -? /~ R. Thomas Kline 03/22/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ( ~{lL day of J v Prothoil.ot ~.~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1,2004 505 CITY PARKWAY WEST, SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1325 Plaintiff, v. HEATHER A. HETRICK ERIC J. HETRICK Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against HEATHER A. HETRICK and ERIC J. HETRICK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/11/05 to 8/17/05 TOTAL $122,979.85 $4,360.00 $127,339.85 I hereby certify that (I) 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. - ~- <.._ D LG. SCH Attorney for Plaintif DAMAGES ARE HEREBY ASSESSED AS INDICATED. 7 ~ DATE A'1.'D ;)LoS ~P>~ _ I PRO ROTHY - (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1,2004 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1325 Plaintiff, v. HEATHER A. HETRICK ERIC J. HETRICK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (:)."1 .3() 20N. By ~~~~ If you have any questions conceming this matter, please contact: --THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- - PHELAN HALLINAN & SCHMIEG, LLP Uy: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 Philadelphia, PA 19103 (71)) "61-7000 ATTORNEY FOR PLAINTIFF FilE COpy DEUTSCE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INe., ASSET-BACKED PASS TROUGH : CML DIVISION CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF AUGUST 1, 2004 Plaintiff : NO. 05-1325 CIVIL TERM Vs. HEATHER A. HETRICK ERIC J. HETRICK Defendants TO: HEATHER A. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 DATE OF NOTICE: APRTT 12 200~ 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.lF 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 mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER. 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, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Ry: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia. P A 19103 (71 'i) 'ili1-7000 DEUTSCE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INe., ASSET-BACKED PASS TROUGH : CIVIL DIVISION CERTIFICATES, SERIES 2004-R8. UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF AUGUST I, 2004 Plaintiff : NO. 05-1325 CML TERM Vs. HEATHER A. HETRICK ERIC 1. HETRICK Defendants TO: ERIC J. HETRICK 3304 ENOLA ROAD CARLISLE, PA 17013 DATE OF NOTICE: A PRrr 12 21111~ 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 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING 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 LA 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, PAl 7013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1325 Plaintiff, v. HEATHER A. HETRICK ERIC J. HETRICK Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attomey 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 ofthe United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HEATHER A. HETRICK is over 18 years of age and resides at, 3304 ENOLA ROAD, CARLISE, P A 17013 . (c) that defendant ERIC J. HETRICK is over 18 years of age, and resides at , 3304 ENOLA ROAD, CARLISE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I ("::) .(Q. t ^=.l rc. ;-Cl tt. "-> :\\- () 0 ~ 0 C:") -.n D -- CII --I ;:... 0i:::p - c_'.: r -cJ (:;") - :t C', Ii' p.=- C) ~ ~ G'- ~ b - w -:f- \? ~ - eN Ul :n ~ .--..: ---< postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (71 7) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST I, 2004 Plaintiff, No. 05-1325 v. HEATHER A. HETRICK ERIC J. HETRICK Defend.nt(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $127,339.85 Interest from 8/17/05 to DECEMBER 7, 2005 (per diem -$20.93) $2,344.16 and Costs TOTAL $129,684.01 .~ ...---' Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. (.j'." ,'.", l,LJ zi~i~ r=: LL (:J >- ~; l--"'. c: s~: tr) 01 a ,,,') ':,0") :=',J ..~-:: ~:;~ c=> ,~, ~..~) Cl ro.:$ o~ "';;;. <...:I ~:>- ll.'" ZZ OZ :;~ :; . 0:>- u~ ro.~ 00 ...u ~I:l g~ U;j ~~ == ...:; Z~ ....U -lrh' C1 r::!i :: 'ti ~ ~ \j ~ () , <J ~ 8 Vi . . .......~.j ~"I""" ~ , ~ ~ , , ~ , I \) () \) v, a v., tn~ It) I'd ;.:- ~fool 00 ..,. """",~"g -< rJ:l 1 ..." ::;:,,<..,.Z~ o~~gu- U~QM_E-< ~~S~~8 ~E-<<fool"'P E-<r::l=",Q< ~Pt~~~ zg~E-<"~ 0"" <z-.. _fool<U-Q ~~J58~ ~~~J;::i:~ ZO"'fool~ <~r:JU::c!1: = E-<E-<::cE-< fool ~",i;:!"~::;: ::cp;:3Pfool ~~~~~a 5"''''::CP" fool< E-< < Q .; ... .:: , , ri 0'" . - fV) -- ~ ~ U~ Eilu ~Eil ::CE-< <!il ~ . fool"" ::cU E-<Eil <fool fool ::c {8~ () () ....... ~ Z o .... ... ~ u ~'F ~ = ro. ~ Otl ... ~ Sl~ ~ ~ ~ os O~ ro. S ~:; ll.'-' .... U ~ ll. ~ o ~ S2 Vl ~ ~ y l <J c ..., ..., ..... ..... 00 ..... ..... ..... ..... << ll.ll. ~~ "'''' .~~ ~~ ~~ .5 00 ~ ~~ << ...:1...:1 00 ZZ ~~ ..,...,. 00 ..., ..., ..., ..., '" '" OJ .... '0 ~ -i:i 2 r.;:; -- ~ A 1 -i- j -J ~ 5:? ~ ....3 - ~ -d Q) i:: Q) '" Q) on >, .. s '" .... Q) c. .. c. Q) .... lJ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1325 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUTS 1, 2004, Plaintiff (s) From HEATHER A. HETRICK AND ERIC J. HETRICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued: (b) the gamishee(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 $127,339.85 L.L. $.50 Interest FROM 8/17/05 TO 12/7/05 (PER DIEM - $20.93) - $2,344.16 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $131.92 Plaintiff Paid Date: AUGUST 30, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1325 Plaintiff, v. HEATHERA. HETRICK ERIC J. HETRICK 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: 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. D ELG. SCH ',,-, ttorney for Plainti f " "L_' 'i.? r.....' = ~j:.; C) -T1 --I :c nl ):>. c::: r,;") C^, C) U1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1325 Plaintiff, v. HEATHER A. HETRICK ERIC J. HETRICK Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF AMERI UEST MORTGAGE SECURITIES, INC.. ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8. UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,3304 ENOLA ROAD. CARLISE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HEATHER A. HETRICK 3304 ENOLA ROAD CARLISE, PA 17013 ERIC J. HETRICK 3304 ENOLA ROAD CARLISE, 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 on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PA. 419 STONHEDGE DRIVE CARLISLE, PA 17013 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 3304 ENOLA ROAD CARLISE, PA 17013 Domestic Relations of Cumberland Couuty 13 North Hanover Street Carlisle, PA 17013 Commouwealth 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 herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 17,2005 DATE ~;> C) (:~ h,) = ''::-~:l c.n CL) o ).:c'l \-0 c.n o -Ii --l :::r:-n fl1r::: iT; 1") :,) -~:~ __J -< DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004 CUMBERLAND COUNTY No. 05-1325 Plaintiff, v. HEATHER A. HETRICK ERIC J. HETRICK Defendant(s). August 17,2005 TO: HEATHER A. HETRICK 3304 ENOLA ROAD CARLISE, P A 17013 ERIC J. HETRICK 3304 ENOLA ROAD CARLISE, P A 17013 **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT 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 ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 3304 ENOLA ROAD, CARLISE, P A 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,339.85 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004 (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 Sheriff's Sale, you must take immediate action: l. The sale will be cancelled jfyou pay to the mortgagee the back paymenls, 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 LA WYER 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 DESCRIPTION ALL THA T CERTAIN tract of land with the improvemenlS thereon erected situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of the Eoola Road leading from Route 34 at Carlisle Springs to Bloserville at corner of land of John A. Clawson and Mary Lou Clawson; tbene<: by the laller, North 22 degrees 30 minutes West (erroneously omitted in prior deed) 312 feet, more or less, to an iron pin; thence by land of Charles L. Myers and wife, South 77 degrees 15 minutes West 150 feet 10 an iron pipe; thence by same, South 13 degrees East 297.2 feet to a railroad spike in the center of the Enola Road; tI.ence by tI,e center of the Enola Road, North 77 degrees 10 minutes East 160 feet to a point in the center of said road; thence by same, North 79 degrees 30 minutes East 40 feel. OIore or less. 10 an iron pin, the place of beginning. Tax Parcel #14-04-0383-072 TITLE TO SUBJECT PREMISES IS VESTED IN Heather A. Hetrick and Eric J. Hetrick, wife and husband by reason of the following: BEING THE SAME PREMISES which Ronald F. Wolfe and Lula B. Wolfe, his wife by Deed dated 2/4/2000 and recorded on 2/4/2000 in tile County of Cumberland in Record Book 215 page 978 conveyed unto Heather A. Hetrick. AND ALSO BEING THE SAME PREMISES which Heather A. Hetrick, joined by Eric J. Helrick. her husband by Deed daled 611912004 and recorded on 711612004 in the County of Cumberland in Record Book 264 page 1013 conveyed unto Heather A. Hetrick and Eric J. Hetrick, wife and husband. Premises: 3304 Enola Road, Carlisle, P A 17013 o S,',,:: ...., c--, C;:::l <.:..n ;::: u--) C~) CJ . () -n ::;! ~'- ..,-. fi1p j"" Cj '-'-, , . , ::t....,., ( ~- In tf) U1 AFFlDA VIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTlFICA TES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST I, 2004 KIO/SMC No. 05-1325 ACCT. #0081703829 DEFENDANT(S) HEATHER A. HETRICK ERIC J. HETRICK Type of Action - Notice of Sheriff's Sale SERVE IfEATHERA. HETRICK AT 3304 ENOLA ROAD CARLlSE, PA 17013 Sale Date: DECEMBER 7,2005 dlt.., h S -L SERVED ~ JL. Served and made known to. ~..'It. . e~ 'r' (\L , Defendant, on the / at 8: "j, o'c!ockfm, at ~70'f ~t-ld\~ f..J.,; G~~\'I'5\e of Pennsylvania, in the manner described below: daYOf~,200S , Conuuonwealth 'f Defendant personally served. Adult family member with whom Oefendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Oefendant(s) reside(s). Agent or person in charge ofOefendant(s)'s office or usual place of business. an officer of said Oefendant(s)'s company. Other: , If . \ Oescription: Age~ Height~ WeightM Race~SexL Other jg~C:5 I, r\Cl" ~<2 L, Go/L~I ::r.: a comp~1~ adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. MES OF SERVICE ATTEMPTED. Sworn to and subscribed before Ole this ~ day o~..,bu, 2005 Nota~ "q}jJnrt~ By: PLEASE ATTEM~; S;;;I<:$ AT LEAS NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I " Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Swam to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaiutiff Daniel G. Schmieg, Esquire - LD, No, 62205 o ,-- , ,',.,~ "'" = :;;; o (", -.< I 0.) o -n ..... X-n rnr~ -um >Jc-:-; ~~3Q ~~~ ~'-l ~ .-< -v =.;;: c,.) w AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-RS, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST I, 2004 CUMBERLAND COUNTY KIO/SMC No. 05-1325 ACCT, #0081703829 DEFENDANT(S) HEATHER A. HETRICK ERIC J. HETRICK Type of Action - Notice of Sheriff's Sale SERVE ERIC J. HETRICK AT 3304 ENOLA ROAD CARLISE, PA 17013 Served and made known to f::l.i c ::r. f( J\{"C\<.SERVE~Defendant, on the I11L.. day of '5' ef:&....' ,2005'"at 8:.2 3, o'clock t-m, at J 30 t .f."".,.:> \3- 'f(~. I C~lZ- \,( ~ \. e. Sale Date: DECEMBER 7, 2005 , Corrunonwealth of Pennsylvania, in the marmer described below: Defendant personally served. . r '\ 'I Adult family member with whoOl Defendant(s) reside(s). Name and Relationship is \f.) I \j ~ . Adult in charge of Defendant(s)'s residence who refused to give naOle or relationship. -,J ~L..~l\. ~, Manager/Clerk of place oflodging in which Defendant(s) reside(s). ne"O Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~~~~t \C- Other: to> ~ Description: Age~ Height~ Weight 1(,0 Race lVL.sexL Other j 5 C'"5 I, (\,. . ""CO"- )..., G(l.~-f. ~ompelent adult, being duly sworn according to law, depose and state that I personally handed a true and corle';t copy of the Notice ofSheritrs Sale in the manner as set forth herein 'ssued in the captioned case on the date and at the address indicated above. NOTARI8,SEAL NIle Sworn to and subscn ed l.UCI1E H. CARTY. =: CaIIlIY before me thIS d"J:: ~Dll . ,10, '1fJ1'f of 200.5 ~ Nota ~ By' PLEASE ATT~!::~;:E AT LEA 3 TIMES, INDI ATTEMPTED. ES OF SERVICE NOT SERVED On the day of , 200~, at o'clock _.m., Defendant NOT FOUND because: Moved Unkno"TI No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me tlus ~ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 r-' "'" ~~ ..::J' o c: -~ \ W ~~ :t-n n'\c. ~'C'l \-"'~ -{)Y ()?, ~:'::: ~:;:-i <)'5 {~r(' ':';::\ ")Co :Q. .-.:J ::t-: t;? - (.,) Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Through Certificates, Series 2004-R8, Under the Pooling and Servicing Agreement Dated As of August I, 2004 VS Heather A. Hetrick and Eric J. Hetrick The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1325 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 14,2005 at 6:57 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Heather A. Hetrick, by making known unto Heather Hetrick, personally, at 3304 Enola Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Eric J. Hetrick, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sheriffs Sale and Description according to law. Perry County Return: And Now, September 26, 2005 at 4:35 o'clock PM, served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Eric J. Hetrick, by handing to Shirley Whitmire, adult girlfriend of the defendant, at 612 Valley Street, Marysville, P A. So Answers: Carl Nace, Sheriff of Perry County, Pennsylvania. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 9.22 Advertising 15.00 Levy 15.00 Mileage 4.00 Surcharge 30.00 Perry County 42.40 Out of County 9.00 Law Library Prothonotary Share of Bills Law Journal .50 1.00 20.89 293.00 $470.01 Sworn and subscribed to before me ?~~~~~~ R. Thomas Kline, Sheriff This '" ~ day of 17Jl'1""'~ 2005, A.D. Prothonotary I ), ~'t) Ot. )"/ ~O(,. ,It...- ,/10 ;'1'0 , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1325 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUTS I, 2004, Plaintiff (s) From HEATHER A, HETRICK AND ERIC J, HETRICK (1) You are directed to levy upon the property oflhe defendaut (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachOlent has been issued; (b) lhe gamishee(s) is enjoined froOl 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 possessiou of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $127,339,85 L.L. $,50 Interest FROM 8/17/05 TO 1217105 (PER DIEM - $20,93) - $2,344,16 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $131.92 Other Costs Plaintiff Paid Date: AUGUST 30, 2005 Prothonota (Seal) By: Depuly REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 10 No. 62205 Real Estate Sale #34 On September 07, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, P A Known and numbered as 3304 Enola Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07, 2005 By:,",,! 1\f111 I ~~ Reai&b~Sergeant '~:l-\ :li .:,;j.'1 ~ c::;:r:u ~ 0fi~ ~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC" ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1,2004 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1325 Plaintiff, v, HEATHER A, HETRICK ERIC J, HETRICK Defendant(s), AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC.. ASSET-BACKED PASS THROUGH CERTIFICATES. SERIES 2004-R8. UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST I. 2004, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execulion was filed the following information concerning the real property located at .3304 ENOLA ROAD. CARLISE. PA 17013. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HEATHER A, HETRICK 3304 ENOLA ROAD CARLISE, P A 17013 ERIC J. HETRICK 3304 ENOLA ROAD CARLISE, 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 on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address call1iot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PA, 419 STONHEDGE DRIVE CARLISLE, PA 1701.3 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 3304 ENOLA ROAD CARLISE, 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 1 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. August 17,2005 DATE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST I, 2004 CUMBERLAND COUNTY No, 05-1325 Plaintiff, v, HEATHER A, HETRICK ERIC J, HETRICK Defendant(s). August 17,2005 TO: HEATHER A. HETRICK 3304 ENOLA ROAD CARLISE, PA 17013 ERIC J. HETRICK 3304 ENOLA ROAD CARLISE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 3304 ENOLA ROAD, CARLISE, P A 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,339.85 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004 (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: 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, l 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 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 ifthe 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 ofthe 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 ALA WYER 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 mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be i , DESCRIPTION ALL THA T CERTAIN tract of land with the improvemenlS thereon erected situated in Lower Frankford Township, Cumberland Couuty, Pennsylvania, bounded aud described as follows: BEGINNING at an iron pin in the center of the Eoola Road leading from Route 34 al Carlisle Springs to Bloserville at corner of land of John A. Clawson and Mary Lou Clawson; then"" by the latter, Norlh 22 degrees 30 minutes West (erroneously omitted in prior deed) 312 feet, more or less, 10 an iron pin; thence by land of Charles L. Myers and wife, South 77 degrees 15 OIinutes West 150 feet 10 an iron pipe; thence by same, South 13 degrees East 297.2 feet to a railroad spike in the center of Ihe Enola Road; tllence by the center of the Enola Road, North 77 degrees 10 minutes Easl 160 feel to a point in the center of said road; thence by same, North 79 degrees 30 minutes East 40 feet, more or less, 10 an iron pin, the place of beginning. Tax Parcel #14-04-0383-072 TITLE TO SUBJECT PREMISES IS VESTED IN Heather A. Hetrick and Eric J. Hetrick, wife and husband by reasou of the following: BEING THE SAME PREMISES which Ronald F. Wolfe and Lula B. Wolfe, his wife by Deed dated 2/4/2000 and recorded on 2/4/2000 in the County of Cumberland in Record Book 215 page 978 conveyed unto Heather A. Hetrick. AND ALSO BEING THE SAME PREMISES which Heatl1er A. Hetrick, joined by Eric J. Hetrick, her husband by Deed dated 611912004 and recorded on 7116/2004 in the Connty of Cumberland in Record Book 264 page 1013 conveyed unto Heather A. Hetrick and Eric J. Hetrick, wife and husband. Premises: 3304 Enola Road, Carlisle, P A 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz ~ /~ ~~ 4t1tJS Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. C-, ()/ l\ ~ ~kl ( isa Marie Coyne, ~ditor --------- SWORN TO AND SUBSCRIBED before me this 02/ day of ~. r2tJtJS" ~~~~) L. --4~ Notary REAL ESTATE SALE NO. 34 Writ No. 2005-1325 Civil Deutsche Bank National Trust Company, as Tnlstee of Ameriquest Mortgage Securities. Inc., Asset~Backed Pass Through Certificates Series 2004-RB, Under the Pooling and Servicing Agreement Dated as of August I, 2004 vs. Heather A. & Eric J. Hetrick AUy.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situated in Lower Frankford Township. Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at an iron pin in the center of the Enola Road leading from Route 34 at Carlisle Springs to Bloservllle at corner of land of John A. Clawson and Mary Lou Clawson; thence by the latter, North 22 degrees 30 minutes West (erro~ neously omitted in prior deed) 312 feet, more Dr less, to an iron pin: thence by land of Charles L. Myers and wffe. South 77 degrees 15 min- utes West 150 feet to an iron pipe; thence by same. South 13 degrees East 297.2 feet to a railroad spike in the center of the Enola Road; thence by the center of the Enola Road. North 77 degrees 10 minutes East 160 feet to a point in the cen- ter of said road: thence by same. North 79 degrees 30 minutes East 40 feet. more or less, to an iron pin. the place of beginning. Tax Parcel # 14-04-0383-072. TITLE TO SUBJECT PREMtSES IS VESTED tN Heather A. Hetrick and Enc J. Hetrick. wife and hus- band by reason of the following: BEING THE SAME PREMISES which Ronald F. Wolfe and Lula B. Wolfe. his wife by Deed dated 2/4/ 2000 and recorded on 2/4/2000 in the County of Cumberland in Record Book 215 page 978 con- veyed unto Heather A. Hetrick. AND ALSO BEtNG THE SAME PREMISES which Heather A. Hetrick, joined by Eric J. Hetrick. her husband by Deed dated 6/19/ 2004 and recorded on 7/16/2004 in the County of Cumberland in Record Book 264 page 1013 con- veyed unto Heather A. Hetrick and Eric J. Hetrick. wife and husband. Premises: 3304 Enola Road. Carlisle. PA 170]3.