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Home My WebLink About05-4692 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 AMERIQUEST MORTGAGE SECURITIES INe. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER I, 2002 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 Plaintiff v. JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, PA 17070 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM <-- NO. O~ -4'~9~ Ctr.;>~L l~ CUMBERLAND COUNTY 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 folJowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personalJy 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 HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRlNG 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 Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9 I 08 File #: 122469 File #: 122469 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 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INe. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1,2002 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are: JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/28/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1771, Page; 1593. 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 05/0 1/2005 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 #: 122469 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2005 through 09/07/2005 (Per Diem $15.06) Attorney's Fees Cumulative Late Charges 08/28/2002 to 09/07/2005 Cost of Suit and Title Search Subtotal $57,836.94 2,409.60 1,250.00 326.20 $ 550.00 $ 62,372.74 Escrow Credit Deficit Subtotal - 358.32 0.00 $- 358.32 TOTAL $ 62,014.42 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 62,014.42, together with interest from 09/07/2005 at the rate of$15.06 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. PHELAN HALLINAN & SC~IE~d .~~ //~ By: IsIFrancis S. Half;t.:,. ".' LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122469 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground with the improvements thereon erected situate on the southwest die of Water Street, New Cumberland Borough, Cumberland County, Pennsylvania, being Lot Nos. 40, 41 and part of 42, Plan of New Cumberland, Plan 2-A, page 23, bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates Inc., Engineers and Surveyors, dated June I, 1979 and bearing drawing No. 79264, as follows, to wit: BEGINNING at a tack on the southwest side of Water Street, at a comer of property now or late of Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast comer of Water Street and Fifth Street; thence extending from said beginning point and along the southwest side of Water Street, South Forty-five (45) degrees Fifteen (IS) minutes Zero (0) seconds East, a distance of Twelve (12) feet to a nail at a comer of property now or late of Harry J. Kauffman; thence extending along same and passing through the center line of a partition wall, the Three (3) following courses and distances: [I] South Forty-four (44) degrees Forty-nine (49) minutes Zero (0) seconds West, a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (IS) minutes Zero (0) seconds East, a distance of Four and Ten hundredths (4.10) feet; and [3] South Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds West, a distance of One hundred Twenty-six (126) feet to a hub on the northeast side of Walnut Avenue (Sixteen [16] feet wide right of way); thence extending along same, North Forty-five (45) degrees Fifteen (IS) minutes Zero (0) seconds West, a distance of Eleven and Ninety hundredths (11.90) feet (shown in Deed Book U Volume 27 Page 498 as Thirteen and Sixty hundredths [13.60] feet) to a hub at the comer of property now or late of Charles E. Stafford No. 438 aforementioned; thence extending along same and passing through the center line of a partition wall the Three (3) following courses and distances: [I] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six (126) feet; [2] North Forty-five (45) degrees Fifteen (IS) minutes Zero (0) seconds West, a distance of Five (5) feet; and [3[ North Forty-four (44) degrees forty-five (45) minutes Zero (0) seconds East, a distance of Twenty-four (24) feet to THE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street, New Cumberland, P A. BEING the same premises which Marcia L. Bentz, a single person and William P. Sieg III and Mary E. Sieg, his wife, by deed dated April 6, 1990 and recorded April 12, 1990, in the Office of the Recorder of Deeds for Cumberland County in Deed Book M-34, page 927, granted and conveyed unto Cheryl L. Fishel, Grantor herein. File #; 122469 VERIFICATION FRANCIS S. HALLINAN, ESQUlRE 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. / / 9-~ s;: l~L. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: c;~ )(15 . -fQ. ~ \ 0 '- -t CJ S'- ~ "\:) f'- -cJ € ~ ~ ~(-'~ --.:c r,:" C') ;:.:::~ ~Yl c..n -',j ---, I c:> -r:> (~) ,.-) (f\ {;) SHERIFF'S RETURN - REGULAR CASE NO: 2005-04692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FISHEL JOHN E SR DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL JOHN E SR the DEFENDANT , at 1840:00 HOURS, on the 12th day of September, 2005 at 438 WATER STREET NEW CUMBERLAND, PA 17070 by handing to JOHN E FISHEL JR 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 13.60 .00 10.00 .00 41.60 7'''. .>"/ //.4 l ~~;.:f:~:~:"';'-~;"~~'r.$~~:: 4''''''v~,- ~ R. Thomas Kline ' 09/13/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~~~ Deputy sneri~ me this )~ day of A.D. ,. Pro tar PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 505 CITY P ARKW A Y WEST, SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. 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 JOHN E. FISHEL. SR. and, 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 9/8/05 to 10/28/05 TOTAL $62,014.42 $768.06 $62,782.48 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. ~~}{~~ DANIEL G. SCHMIEG, ESQ E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: JUOU. I, ~ & . PRO PROT PHELAN HALLINAN & SCHMIEG, LLP By: 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 ") "01-7000 ATTORNEY FOR PLAINTIFF FILE COpy DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INe. SERIES 2002-D, ASSET BACKED : CIVIL DIVISION PASS-THROUGH CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED : CUMBERLAND COUNTY AS OF DECEMBER 1,2002 Plaintiff : NO. 05-4692 Vs. JOHN E. FISHEL, SR. Defendants TO: JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: Of'TORRR 4 2005 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 LJEN 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 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELJGIBLE 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 ~c'/',~(-'r.~'~~ FRANCIS S. HALLJNAN, ESQUIRE Attorneys for Plaintiff 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 CUMBERLAND COUNTY MORTGAGE SECURITIES INC. SERIES 2002-D, COURT OF COMMON PLEAS ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & CIVIL DIVISION SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 NO. 05-4692-CIVIL TERM 505 CITY PARKWAY WEST, SUITE 100 Plaintiff, v. JOHN E. FISHEL, SR. 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 JOHN E. FISHEL, SR. is over 18 years of age and resides at , 438 WATER STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. jJ~,J/J~ DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff 0 ..(.L)... -D t N ~ Q \L \) ~ --- .J:::: -J ~ .-.:t r r 0- ...c.. ...r:: E ~ ~ v ~ -/.- ~-L ~' r o C. :::::~ --'(J.,' rfIP:; l_7""( ~- ;',,_.~ ;7.,' 0.'}: r: ~.,.,,~ i~~,; ~_L 'Y' l;j :.1 ~ "'" <..f' a ~ , ..- ~ ...... ::C-;:Q fl'r::: ...-or!} -,J'( :'u. ;:;:;-r, .' '. -,~ qo :t:...(1'1 S -pe ?1 --0 ~ t:? c.,) o (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. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 505 CITY PARKWAY WEST, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ,Jlj()(j I 20o.S. BYt~ If you have any questions concerning this matter, please contact: ~~ jf~c~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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" . 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. SERIES 2002-D, ASSET BACKED P ASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 No. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Interest from 10/28/05 to MARCH 8, 2006 (per diem -$10.32) $1,351.92 and Costs Amount Due $62,782.48 TOTAL $64,134.40 DANIEL G. SCHMIEG, ESQUI 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. <t o~ ~'? ... ~~ p..~ ~7; '""~ ~,; ~~ ~S Ov ~A ?~ o ';.~ ~% ~G '" ~ ~ t-' ~AA ~ ~ ~~~,,~ ~~?~ch~~ ...OV~...VA ~~~...~~O z,';f,"'~~""' S?~rf\~"'~'" ... ~ -<..~ ~ g :..t ..." ~ ~ " a .... Z,"'~M"'Z,"'''' -.e.:..to<=,V,..;:..t ~.;~~~~A ~~~~~~~ ~~"'~~IOl~ Vo&~~~""' '" v ~ . I-" ... IOl ... ~V' ~ ~ ~~~ ~ A <t p.. ,;, ~ ~ ~ ~ ~ cJ.. ~ o ... ~ ... ... G 1Ol'Ol ~~ ~;:. o't ... ~~ ~'5D "'~ ot. ~o ~b '0 ~ p.. ~ <t a ~ ~ G t Z, ~ ~ "><:~JI ~ ~ )p-< ~ -.-''0 ~ .~~~ ~ .-]....e ~ ." -.. s ~ 4 ~ ~ ;j, "trt) ~ ~ ~ <=' ~ r- ... <t p.. .;,; ;f!. .~ ,... "j 0) ~ if> 0) P ~ ~ '" '" ~ P- O) ~ '\j \J. . \ J '7--:- . 0 ~ -=t{f> ~ ~ r:j. ~ <."> Cl.f'l . :: <L (f) ~z :r ::r 'C) ~~ -1 - r u1-Y ,r;:. - '- ,;2t::. ~. ......... d ~ t- o- , ~-,,:?j ~ - - -J. "-~ <7: ~ - - " - ::t: i:?<p - .'~;" (f.) r-~ I \:?~ Clo: I I \ \ % <J ~lk1 ~ ~~,=' 0,... (J (j () , - \.lo-:t: .'" ~'7 <J a '.) 10 - yo .g :5 () ~ V) 0 \/) ~ u- c.:> 0 ~ 0 ...... , cr ~ "'0't-- l..i) ~ C'(; NJ -.... ::r: N, i51- - i~ . DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground with the improvements thereon erected situate on the southwest die of Water Street, New Cumberland Borough, Cumberland County, Pennsylvania, being Lot Nos. 40, 41 and part of 42, Plan of New Cumberland, Plan 2-A, page 23, bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates Inc., Engineers and Surveyors, dated June I, 1979 and bearing drawing No. 79264, as follows, to wit: BEGINNING at a tack on the southwest side of Water Street, at a comer of property now or late of Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast comer of Water Street and Fifth, Street; thence extending from said beginning point and along the southwest side of Water Street, South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Twelve (12) feet to a nail at a comer of property now or late of Harry J. Kauffman; thence extending along same and passing through the center line of a partition wall, the Three (3) following courses and distances: [I] South Forty-four (44) dej,>Tees Forty-nine (49) minutes Zero (0) seconds West, a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Four and Ten hundredths (4.10) feet; and [3] South Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds West, a distance of One hundred Twenty-six (126) feet to a hub on the northeast side of Walnut Avenue (Sixteen [16] feet wide right of way); thence extending along same, North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Eleven and Ninety hundredths (11.90) feet (shown in Deed Book U Volume 27 Page 498 as Thirteen and Sixty hundredths (13.60] feet) to a hub at the comer of property now or late of Charles E. Stafford No. 438 aforementioned; thence extending along same and passing through the center line of a partition wall the Three (3) following courses and distances: [I] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six (126) feet; [2] North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Five (5) feet; and (3( North Forty-four (44) degrees forty-five (45) minutes Zero (0) seconds East, a distance of Twenty-four (24) feet to THE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street, New Cumberland, PA. BEING the same premises which Marcia L. Bentz, a single person and William P. Sieg III and Mary E. Sieg, his wife, by deed dated April 6, 1990 and recorded April 12, 1990, in the Office of the Recorder of Deeds for Cumberland County in Deed Book M-34, page 927, granted and conveyed unto Cheryl L. Fishel, Grantor herein. Being Parcel # 25-24-0813-060 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John Edwaed Fishel, Sr., and Kim R. Fishel, his wife by Deed from Cheryl Fishel, dated 7-23-97, recorded 8-7-97 in Deed Book 162, page 510. PREMISES BEING: 438 WATER STREET, NEW CUMBERLAND, P A 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4692 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASSS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 Plaintiff (s) From JOHN E. FISHEL, SR. (I) 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 $62,782.48 LL $.50 Interest FROM 10/28/05 TO 3/8/06 (PER DIEM - $10.32) - $1,351.92 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $123.60 Other Costs Plaintiff Paid Date: NOVEMBER 1, 2005 (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 i , I , -- . . """'" DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,438 WATER STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 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 . ,_J" 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 438 WATER STREET NEW CUMBERLAND, PA 17070 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 herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 28, 2005 DATE ~,)jJ~ DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff g -7 ~- -o\,:~' n1n' ~~- .._. ::~: 21 (n;; -( ~. r;;', :~.';: :t;7 ~ -< ...., c;::;;> = CJ' - o ..::; , o -n ~:n ~fij .:.t)Y ~() ::r:::r'l Qo L---rn 9 ~ '"< --u :x w w C> - PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SlliTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. 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. ff~_J1~c~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 0 ......' = 0 c: = -n -,. "" :,;" :z:; ..... "1]0', :t::'] n1fi1 c:> Z~:.r.' 00<::: ri1 r;~ -;7'- I -0 tT1 ~~-;, -DO "J i !<(~ ;;:j~,!, ~~~~ -0 ...,1- -T' :3-: ~;?r) 'f? (jrn -I /:?: ?; ::<! '-,) 0 .< DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLAND COUNTY No. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). October 28, 2005 TO: JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 **THIS 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, 438 WATER STREET. NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $62,782.48 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS- THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 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 Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ~ 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 ofthe money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 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, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground with the improvements thereon erected situate on the southwest die of Water Street, New Cumberland Borough, Cumberland County, Pennsylvania, being Lot Nos. 40, 41 and part of 42, Plan of New Cumberland, Plan 2-A, page 23, bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates Inc., Engineers and Surveyors, dated June I, 1979 and bearing drawing No. 79264, as follows, to wit: BEGINNING at a tack on the southwest side of Water Street, at a comer of property now or late of Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast comer of Water Street and Fifth, Street; thence extending from said beginning point and along the southwest side of Water Street, South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Twelve (12) feet to a nail at a comer of property now or late of Harry J. Kauffman; thence extending along same and passing through the center line of a partition wall, the Three (3) following courses and distances: [1] South Forty-four (44) degrees Forty-nine (49) minutes Zero (0) seconds West, a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Four and Ten hundredths (4.10) feet; and [3] South Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds West, a distance of One hundred Twenty-six (126) feet to a hub on the northeast side of Walnut Avenue (Sixteen [16] feet wide right of way); thence extending along same, North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Eleven and Ninety hundredths (11.90) feet (shown in Deed Book U Volume 27 Page 498 as Thirteen and Sixty hundredths [13.60] feet) to a hub at the comer of property now or late of Charles E. Stafford No. 438 aforementioned; thence extending along same and passing through the center line of a partition wall the Three (3) following courses and distances: [1] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six (126) feet; [2] North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Five (5) feet; and [3[ North Forty-four (44) degrees forty-five (45) minutes Zero (0) seconds East, a distance of Twenty-four (24) feet to THE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street, New Cumberland, PA. BEING the same premises which Marcia L. Bentz, a single person and William P. Sieg III and Mary E. Sieg, his wife, by deed dated April 6, 1990 and recorded April 12, 1990, in the Office of the Recorder of Deeds for Cumberland County in Deed Book M-34, page 927, granted and conveyed unto Cheryl L. Fishel, Grantor herein. Being Parcel # 25-24-0813-060 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John Edwaed Fishel, Sr., and Kim R. Fishel, his wife by Deed from Cheryl Fishel, dated 7-23-97, recorded 8-7-97 in Deed Book 162, page 510. PREMISES BEING: 438 WATER STREET, NEW CUMBERLAND, PA 17070 (") C ?~ -or,'; cnr' :;r" .~ ~ ~E'" 'j:,c z ~~ ....., ,,'" "'" GY> % c> ..c: , -0 :;lI: ~ w o ~ ..... :t:~ 1\1....:.:!; fn ~o L1t') :1:: :%{ i~4B ~'S:::;rn ::~I 1) '-< 1:":, AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES 1Ne. SERIES 2002-D. ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER I, 2002 CUMBERLAND COUNTY PMB No. 05-4692-CIVIL TERM ACCT. #0037953791 DEFENDANT(S) JOHN E. FISHEL, SR. Type of Action - Notice of Sheriff's Sale SERVE JOHN E. FISHEL, SR. AT 438 WATER STREET NEW CUMBERLAND, P A 17070 Sale Date: MARCH 8, 2006 SERVED Served and made known to \ s f;l,<C Wo.f-e.r S+. I , Defendant, on the I '5-tv- New Cu'VYlh;w(:l<J day of NCl V~6ff?-2o<6: at 7; I r;- ,o'clock +.m., at , Commonwealth of Pennsylvania, in the manner described below: l/ Defendant personally served. c""'-' Adult family member with whom Defendant(s) reside(s). Name and Relationship is ,)~ tJ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descriptiou: Age ~ Height ~ " Weight j5Q Race ~ Sex MOther I, ~~ N (J.U) ~l 0 LL- , a 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 manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ( t, da8' ,200.-;r.~. - - By: .C EASIil, , T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRICIA E. HARR,;3 Commission Expires June 16, 2008 'f? &tt~J 1~~ NOT SERVED On the day of ,200_, at o'clock_.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I I I). I Oc.; Time: I: ~O .~ 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this ~ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~ \\ (/'7 [I ~h~ ';""::' ......;) (,) -:::' v' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF No.: 05-4692-CIVIL TERM AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 vs. JOHN E. FISHEL, SR. AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 438 WATER STREET. NEW CUMBERLAND. PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. RC.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~'at . ctMIEG, ES Attorney for Plaintiff March 7, 2006 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVlL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED P ASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002, Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,438 WATER STREET, NEW CUMBERLAND, PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 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 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 of last 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 438 WATER STREET NEW CUMBERLAND, PA 17070 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 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. October 28. 2005 DATE 'Jf;v\A;lJi -1~ DANIEL G. SCHMIEG, EsQUIRE Attorney for Plaintiff I'\IOij~ 031"'11I 92B60\:17000 Ii> 20 \:0 >6 > 3003dlZ .002 >0 ACN 006.00 $ .~~,:~; \ ~toJ- ~, , ...,~: \;0q~ ~/~' , roO...... en :0 o!!: 0.: ~~ ~ - ~ , .~ ~ ,...;_ ;:lU 0" ell e ~.s .-g 2.:S~~ ::c: ell ,. ~j.;;; ci6~O-;, .!'Pl", ~~~~ ~"g- ,....l~ t;,~-< R~p... ~ " ;r;u~:E ~~~~ ~p..;-'.-o W r-~ re8~'~ .", ~ ;~'e\ ~ ~ z s-aell ...",.... z-<o .:... . . '" - o t- - on S t- - -<: 0.- ~ , -<: "'"' ~ ~ -< u r: ~ Ul pO ~ o ~ :x: t; o z '" t- 'D N X o "" o "'"' '" t- o t- - ~ ~ ::s '" ~ (3 ~ t;. ~ ~ g ~ ~ u III ~ p. ~ <2 ~ ~ '" > til ~ ~ ~ ;;: ~ : o p., ~ os rJl ~ ~ ~ 5 0 Z I; .-; OJ <( " ~ '"' p.. & ...l\;2 ~ t3 . '" u iSd~~ ~ ~ ~ ~ ~ooG1 ~ pUb ~ ~ ~ . E ~ ~ "' . . '" 15 ~ Ol .<> E ::I Z Ol U .~ 1! - N ,J '" "" \ \ \ \ f on '" t- 00 '" '" - - - -.,.t> 1i 02 g ~ ~'s..'!l'i ~~~r.: i!.:d~ igs~ ~~~g .S~ go Ii.~ -e'\\ e g. . ';( ~ t:.... @~..~ ........ ':E 3 ~.g ~.;~ 'i ~ ~~ l;:: ",jJ.l.g "Clc,1" D- e 3 0 0 B~~-5 a~ .~.~ ! s g:-e jg u .c "'. ,g.g 'ar.:: . ~ 9 g e"-ll ~ ~.~l ~ ~'a . K . ~ \l.l" ~ ^1lh ~ :;l!g . ~ ~.....vl ~ ..l"SNV ~ 8 s"'" ,. 03 t'!!! 8 -c U So,) '- eOo~o <s~ git! ~~ Ii> t,...g ".tl p.. "'~ .< 0" ". 0)(\0'- ::l ~@6~~ >oO"d4?, '0 ~~.E.... c.oog~ .g g..... s V'l 0." e.,," <<l u .\::l !:i \;I 26~\::'" -c'23v;;' '].o....f:<:Il e.~8 g ~.s-a~~ ~ o .. '8 ~ " ~ b ~ . '" ,,- ~ . ~~ ~~ ~ ~ ~ o;l ~ o - ^ . ~hB i:O "613 "'" ~~ z~ '3 "H ~%-. N - '" - " .~ '" - .g " m - ~ 0," U] ~:J ;!: ^ ~ e {3.l. DATE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 vs. JOHN E. FISHEL, SR. TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): JOHN E. FISHEL, SR. PROPERTY: 438 WATER STREET NEW CUMBERLAND, P A 17070 Improvements: Residential dwelling Judgment Amount: $62,782.48 CUMBERLAND COUNTY NO. OS-4692-CIVIL TER'\1 The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which AmeriQuest Mtg Securities Inc Tr is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 1st day of No v, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4692, at the suit of AmeriQuest Mtg Sec Inc Tr against John E Fishel Sr is duly recorded in Deed Book No. 273, Page 3647. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a 9--ti. day of corder of Deeds Elip,~=~::~,o . ~ Deutsche Bank National Trust Company Et al VS John E. Fishel, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4692 Civil Term 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: John E. Fishel, Sr. but was unable to locate him in his bailiwick. The house located at 438 Water Street, New Cumberland, P A 17070 is vacant. The New Cumberland Post Office provided a forwarding address for the defendant, John E. Fishel, Sr. of 795 Stillhouse Road, Etters, PA 17319. Therefore, the Sheriff deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description in the above entitled action according to law. York County Return: And Now this 23rd day of January 2006 I hereby return the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, John E. Fishel, Sr. Per the current resident, Kate Wirt, the defendant does not reside at 795 Stillhouse Rd., Etters, PA. She has resided here since August 2005. So answers: William Hose, Sheriff of York County, Pennsylvania. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 12:41 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John E. Fishel Sr. located at 438 Water Street, New Cumberland, Pennsylvania, according to law. 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 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass- Through Certificates, Under the Pooling and Servicing Agreement Dated as of December 1, 2002, Without Recourse. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling and Servicing Agreement Dated as of December I, 2002, Without Recourse of 505 City Parkway West, Suite 100, Orange, CA 92868, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,476.88. Sheriffs Costs: Docketing Poundage Posting Bills $30.00 28.96 15.00 . " Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge York County Out of County Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 30.00 10.00 .50 1.00 31.28 9.28 15.00 20.00 34.13 9.00 .78 659.00 481.40 21.05 25.00 40.50 $1,476.88 Sworn and subscribed to before me 2006, A.D. ?~rtf~ R. Thomas Kline, Sheriff BY Jo~ j nlUJf, Real Estat Sergeant ~~ .Jb. iii> J 6"1) . 5'33.J-J ~ L /11'7 fit , " , DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES INC. SERIES 2002-D. ASSET BACKED PASS-THROUGH CERTIFICATES. UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2002, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .438 WATER STREET. NEW CUMBERLAND. PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) , JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 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 -I j 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 438 WATER STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 unsworn falsification to authorities. October 28. 2005 DATE ~.J1 J~ DANIEL G. SCHMIEG, E~ Attorney for Plaintiff . ,;' '. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INe. SERIES 2002-D, ASSET BACKED PASS-THROUGIt CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER I, 2002 CUMBERLAND COUNTY No. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). October 28, 200S TO: JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR A1TEMPTING 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 A1TEMPT TO COllECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at . 438 WATER STREET. NEW CUMBERLAND. P A 17070. is scheduled to be sold at the Sheriffs Sale on MARCH 8.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $62.782.48 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES INC. SERIES 2002-D. ASSET BACKED PASS- THROUGH CERTIFICATES. UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2002 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ., -. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2, You maybe 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 Sheriffthe 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 ifthe 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 mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ..,. ~ DESCRIPTION ALL TIlAT CERTAIN lot, parcel, piece of ground with the improvements thereon erected situate on the southwest die of Water Street, New Cumberland Borough, Cumberland County, Pennsylvania, being Lot Nos. 40, 41 and part of 42, Plan of New Cumberland, Plan 2-A, page 23, bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates Inc., Engineers and Surveyors, dated June I, 1979 and bearing drawing No. 79264, as follows, to wit: BEGINNING at a tack on the southwest side of Water Street, at a comer of property now or late of Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast comer of Water Street and Fifth, Street; thence extending from said beginning point and along the . southwest side of Water Street, South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Twelve (12) feet to a nail at a comer of property now or late of Harry J. Kauffman; thence extending along same and passing through the center line of a partition wall, the Three (3) following courses and distances: [1] South Forty-four (44) degrees Forty-nine (49) minutes Zero (0) seconds West, a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Four and Ten hundredths (4.10) feet; and [3] South Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds West, a distance of One hundred Twenty-six (126) feet to a hub on the northeast side of Walnut Avenue (Sixteen [16] feet wide right of way); thence extending along same, North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Eleven and Ninety hundredths (11.90) feet (shown in Deed Book U Volume 27 Page 498 as Thirteen and Sixty hundredths [13.60] feet) to a hub at the comer of property now or late of Charles E. Stafford No. 438 aforementioned; thence extending along same and passing through the center line of a partition wall the Three (3) following courses and distances: [1] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six (126) feet; [2] North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Five (5) feet; and [3[ North Fortycfour (44) degrees forty-five (45) minutes Zero (0) seconds East, a distance of Twenty-four (24) feet to TIlE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street, New Cumberland, P A. BEING the same premises which Marcia L. Bentz, a single person and William P. Sieg ill and Mary E. Sieg, his wife, by deed dated April 6, 1990 and recorded April 12, 1990, in the Office of the Recorder of Deeds for Cumberland County in Deed Book M-34, page 927, granted and conveyed unto Cheryl L. Fishel, Grantor herein. Being Parcel # 25-24-0813-060 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jolm Edwaed Fishel, Sr., and Kim R. Fishel, his wife by Deed from Cheryl Fishel, dated 7-23-97, recorded 8-7-97 in Deed Book 162, page 510. PREMISES BEING: 438 WATER STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4692 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASSS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER I, 2002 Plaintiff (s) From JOHN E. FISHEL, SR. (I) 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 garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $62,782.48 L.L. $.50 Interest FROM 10/28/05 TO 318/06 (PER DIEM - $10.32) - $1,351.92 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $123.60 Other Costs Plaintiff Paid Date: NOVEMBER 1, 2005 Pro (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 ill No. 62205 C!!!> c:;;;;J r.::;:;;] ~ cw .:(Vij Real Estate Sale # 04 On November 8, 2005 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A Known and numbered as 438 Water Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 8, 2005 BYUd~~ Real EstJie Sergeant ,.. , . r. , ...1 t' .,.c. \., " '. , ~.\...." (,..4.rc., ,. r~.,,",... I" "- \; E S : II V G - AON SOul ,',: . -; . .::IJ\~j'.:::'i;L'. -.,..: j -- - ~ Ci@ i liViJ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth ofpennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dailyand/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue ll!1<i pursuant to a resolution unanimously passed 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 "M", Volume 14, Page 317. PUBLICATION COPY SALE#4 ~ re me this 16th day of February 2006 A.D. . NOT Y PUBLIC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICA TION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATE 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: January 20, 27, February 3, 2006 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 s'o(ements as to time, pbce and character of publication are true. SWORN TO AND SUBSCRIBED before me this 3 day of February, 2006 ~-~~ary..''''''''-- ~ NOl' AR~;\L Sr:AL l LO!S E. SI\JYDER, Notary Public t Cs"i;!e Boro, Cumberland County t >>: ;;,":',:niss;on Expires March 5, 2009 t ,.-....,-'.- -,':',,~.,..""'.'''''-~'''''''<''~''- .:~t:at(:nlcnL,. ,..3 h.,' :.1:-1]( nLICt: ~i~..fl '~h;\,~;:(;tl'r ,~.1' ~Jii RBAL ESTATE &ALl: NO. 4 Writ No. 2005-4692 Civil Deutsche Bank National Trust Company. As Trustee of Ameriquest Mortgage Securities Inc. serles 2002-D. Asset Backed Pass-Through Certlflcates, Under the poollng & 5ervIclng Agreement Dated As of December 1. 2002 vs. John E. Fishel. Sr. Atty.: Danlel Schmieg DESCRIPTION ALL THAT CERTAIN lot. parcel. piece of ground with the improve- ments thereon erected situate on the southwest die of Water Street. New Cumberland BoroUih. Cumberl8nd County. PennayJvan1a. beln& Lot -. 40. 41 and part of 42. Plan of _ CUmberland. Plan 2-A. page 23. bounded and described in accor- dance with a Plan of Survey by Gerrlt J. Betz Associates Inc.. En- gineers and Surveyors. dated June 1. 1979 and bearing drawing No. 79264. as follows, to wit: BEGINNING at a tack on the southwest side of Water Street.. at a comer of property now or late of Charles E. Stafford. No. 438. sald point being Forty-one and Six tenths (41.6) feet to southeast comer of Water Street and Fifth Street: thence extending from sald begIn- nlng point and along the southwest side of Water Street. South Forty- five (45) degrees FIfteen (15) min- utes Zero (O) seconds East. a dis- tance of Twelve (12) feet to a nail at a comer of property now or late of Harry J. Kauffinan; thence extend- lng along same and passing through the center line of a parUtion wall, the Three (3) following courses and distances: 111 South Forty-four (44) degrees Forty-nine (49) minutes Zero (0) seconds West. a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (15) minutes Zero (O) seconds East, a distance of Four and Ten hun- dredths (4.10) feet: and [3J South Forty~four (44) degrees Forty-five (45] minutes Zero (0) seconds West. a distance of One hundred Twenty- six (126) feel to a hub on the north- east side of Walnut Avenue (Sbct.een [161 feet wide right of way); thence extending along same. North Forty- flve (45) degrees Fifteen (15) min- utes Zero (0) seconds West. a distance of Eleven and Ninety hundredths (11.90) feet (shown In Deed Book U Volume 27 Page 498 as Thirteen and Sixty hundredths (13.601 feet/ to a hub at the corner of property now or late of Charles E. Stafford No. 438 aforementloned; thence extend- ing along same and passing through the center line of a partition wall the Three (3) follOWIng COurses and distances: II] North Forty-four (44) degrees Forty-five (45) minutes Zero CO) seconds East, a distance of One Hundred Twenty-six (126) feet; [2J North Forty-five (45) degrees FIfteen (15) minutes Zero (OJ seconds West. a distance of Five (5) feet; and i3] North Forty-four (44) degrees forty- five (45) minutes Zero (0) seconds East. a distance of Twenty-four (24) feet to TIiE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street. New Cumberland. PA. BEING the same premises which MarCia L. Bentz. a single person and William P. Sleg III and Mary E. Sleg. his wife. by deed dated April 6. 1990 and recorded April 12. 1990. 1n the Office of the Recorder of Deeds for Cumberland County in Deed Book M-34. page 927. granted and conveyed unto Cheryl L. Flshel. Grantor herein. BeIng Parcel # 25-24-0813-060. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John Edwaed Fishel. Sr.. and Kim R. Flshel. his wife by Deed from Cheryl Fishel. dated 7- 23.97, recorded 8-7-97 in Deed Book 162. page 510. PREMISES BEING: 438 WATER STREET. NEW CUMBERLAND. PA 17070. PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. LD. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1, 2002 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-4692 Civil Term Plaintiff CUMBERLAND County v. John E. Fishel, Sr. Defendant PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO P A.R.C.P. 3118 TO CONFIRM SALE. NUNC PRO TUNC AND NOW COMES Plaintiff, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby petitions this Court to confirm the March 8, 2006 Sheriff's Sale of 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises") and divest the interest of Kim R. Fishel, Nunc Pro Tunc, and in support thereof avers the following: 1. On July 23, 1997, John E. Fishel, Sf. and Kim R. Fishel, acquired title to the property located at 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises"), which deed was recorded on August 7, 1997 in the Office of the Recorder of Deeds of Cumberland County in Book 162, Page 510. Attached hereto, made a part hereof and marked as Exhibit "A" is a true and correct copy of the deed. 2. On August 28, 2002, John E. Fishel, Sr. and Kim R. Fishel, made, executed and delivered a Mortgage upon the mortgaged premises to Ameriquest Mortgage Company, which Mortgage was recorded on September 5, 2002 in the Office of the Recorder of Deeds of Cumberland County at Record Book 1771, Page 1593. Said mortgage was subsequently assigned to Plaintiff by Assignment recorded on November 14, 2005 in the Office of the Recorder of Deeds of Cumberland County at Record Book 722, Page 2149. Attached hereto, made a part hereof and marked as Exhibit "B" are true and correct copies of the mortgage and assignment. 3. John E. Fishel, Sr. and Kim R. Fishel defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant foreclosure action. Attached hereto, made a part hereof and marked as Exhibit "C" is a true and correct copy of Plaintiffs Mortgage Foreclosure Complaint. 4. Default Judgment in the amount of Sixty Two Thousand, Seven Hundred Eighty Two Dollars, and 48/1 00 ($62,782.48) was entered on November 1, 2005. Attached hereto, made part hereof, and marked as Exhibit "D" is a true and correct copy of the Praecipe for Default Judgment. 5. Pursuant to a Writ of Execution, the Property was listed for Sheriffs Sale and Notice of Sheriffs Sale of Real Estate was sent to lien holders. Attached hereto, and marked as Exhibit "E" is a true and correct copy of Plaintiffs Affidavit pursuant to Pa.R.C.P., Rule 3129.1. 6. The Property was offered at Sheriffs Sale on March 8, 2006 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. 7. Subsequent to the Sheriffs Sale, Plaintiff determined that, through inadvertence or mistake, Kim R. Fishel was not named as a party defendant in the instant foreclosure action. See Exhibit "C". 8. Although Kim R. Fishel was not named in the instant action, serVIce of the complaint and notice of sale were served upon Kim's husband, John E. Fishel, Sr., at her last know address, the mortgaged premises, and the Sheriff s Sale of the property was advertised in a newspaper of general circulation and in legal publication in compliance with Pa.R.C.P, 3129.2, and the property was posted with a handbill further providing constructive notice of the Sale. Attached hereto, and marked as Exhibit "F" are true and correct copies of the Affidavits of Service of the Complaint and Notice of Sale. 9. Upon information and belief and according to the Lexis Nexis searchable database, http://www.lexisnexis.com/. Kim R. Fishel's last known address is the mortgaged premises. Attached hereto, and marked as Exhibit "G" is a true and correct copy of the address information for Kim R. Fishel. 10. Plaintiff submits that it has made a good faith effort to locate Kim R. Fishel, but has been unsuccessful. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff's Petition and confirm the March 8, 2006 Sheriffs Sale of the property located at 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, amend all pleading Nunc Pro Tunc to reflect the interest of Kim R. Fishel, and divest the interest of Kim R. Fishel in said property as though fully notified of the foreclosure action, and divest the interest of Kim R. Fishel in said property as though fully notified of the foreclosure action. ------ ~) LLINAN & SCHMIEG, LLP By: Daniel G. S I.D. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. LD. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1, 2002 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-4692 Civil Term Plaintiff CUMBERLAND County v. John E. Fishel, Sf. Defendant MEMORANDUM OF LAW I. Factual Back2round: On July 23, 1997, John E. Fishel, Sr. and Kim R. Fishel. acquired title to the property located at 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises"), which deed was recorded on August 7, 1997 in the Office of the Recorder of Deeds of Cumberland County in Book 162, Page 510 On August 28, 2002, John E. Fishel, Sf. and Kim R. Fishel, made, executed and delivered a Mortgage upon the mortgaged premises to Ameriquest Mortgage Company, whieh Mortgage was recorded on September 5, 2002 in the Office of the Recorder of Deeds of Cumberland County at Record Book 1771, Page 1593. Said mortgage was subsequently assigned to Plaintiff by Assignment recorded on November 14, 2005 in the Office of the Recorder of Deeds of Cumberland County at Record Book 722, Page 2149. John E. Fishel, Sr. and Kim R. Fishel defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant foreclosure action. John E. Fishel, Sr. and Kim R. Fishel defaulted on the mortgage and, as a result of said default, Plaintiff initiated the instant foreclosure action. Default Judgment in the amount of Sixty Two Thousand, Seven Hundred Eighty Two Dollars, and 48/100 ($62,782.48) was entered on November 1, 2005. The Property was offered at Sheriffs Sale on March 8, 2006 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. Subsequent to the Sheriffs Sale, Plaintiff determined that, through inadvertence or mistake, Kim R. Fishel was not named as a party defendant in the instant foreclosure action. Although Kim R. Fishel was not named in the instant action, serVIce of the complaint and notice of sale were served upon Kim's husband, John E. Fishel. Sr., at the her last know address, the mortgaged premises, and the Sheriff s Sale of the property was advertised in a newspaper of general circulation and in legal publication in compliancc with Pa.R.C.P, 3129.2, and the property was posted with a handbill further providing constructive notice of the Sale. Upon information and belief and according to the Lcxis Nexis searchable database, http://www.lexisnexis.com/. Kim R. Fishel's last known address is the mortgaged premises. Plaintiff submits that it has made a good faith effort to locate Kim R. Fishel. but has been unsuccessful. II. Leg:al Analvses: Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684,686 (Pa.Comp.PI 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; . . . (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; . . . (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. 1. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, it is also clear that the mortgaged property at 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, was property of the Defendant(s) and subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), the court state that "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable."' In addition, it has been held that this Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Turner v. Hosteller, 359 Pa.Super.167, 518 A.2d 833 (1986). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). It is unnecessary to re-hold the sale as there is little doubt that Kim R. Fishel did not know that the mortgaged premises was being exposed to sale. Although Kim R. Fishel was not named in the instant action, service of the complaint and notice of sale were served upon Kim's husband, John E. Fishel, Sr., at her last known address, the mortgaged premises, and the Sheriffs Sale of the property was advertised in a newspaper of general circulation and in legal publication in compliance with Pa.R.C.P, 3129.2, and the property was posted with a handbill further providing constructive notice of the Sale. Due to these factors the sale should be confirmed as held. This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary . Accordingly, Plaintiff respectfully requests this Honorable Court enter an Order to confirm the March 8, 2006 Sheriffs Sale of the property locatcd at 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, amend all pleading Nunc Pro Tunc to reflect the interest of Kim R. Fishel, and divest the interest of Kim R. Fishel in said property as though fully notified of the foreclosure action. Respectfully submitted, Dated: December 20.2006 By: ~~ p;i~~i:i5Schmieg, 7: /;:,( One Penn Ccnter Plaza, Suite 1400 Philadelphia. P A 19103 Attorney for Plaintiff . . Exhibit "A" . . 08/39/2005 17:42 TEL 7175997794 J CONRAD 14'<0 o ..-" d'~~ ~ ;~c~ ~I\l P l\ECL~R ?i r,(Il'.CfR OF DEEOS . ,!;I'Ml'li..RLh.llU COllNlt.i~ DEED '9./.ijUI1. 'I rl'l f.' r..a PARCEL NO. l5-24-081U~ \, . NEW CCJMIIBRL(ND J!J01i()UCH THIS DBBtJ, mad!; ~ o{ Iuly, ill dIa year Nlnct1!eft lIundred Ninety Seven (1997) BETWBBN CH/IRYL. FISHEL, of 484 &whire LaDe, Mcc1wUcIburg, PCDJl5ylvaDia, party of tk flat part, bI:lreiDaftet called Gramor ancI JOHN BDWAJfD FIS1l& SR., aad KIM k. FISH.&, his wife. 4~ Wa= Stttot, New CQmberImd. 0ImbedaDcI CowI:y, PeaylvlDia. ptrtieI of die ~ put. bcreinaftet caned GwIteeI. .1 Tt:lllats by the ~ W1J'Nl!SSB1'1I. Ulat In COoaidenIion of 'tHIRTY-FOUR THOUSAND SIX BlJNl)RED NINBTY-'l'HREl! AND FOtnmmN atm'S ($34,693.14) DOu.ARS, In baod paid, tbc RCdpt whR'cof Is 1tmb11Cbaw1ed.pc1. .- Mid 0IW0r dOQ hen:by paul And. convey to ~ uId Grmaca eMir hells and _ips, AJ.L rmr CEllTAJN loe. plllCel, pioee of sroum widl the bnprovc:meDu thctcoll erecr.ed. situate CII1Ihe IODtbwest die tIf Water SCrecI. New CUmberIaJrd Borouab. Cusnbcdud County. PcnnIyNui~1 beiDa' Lot NOI. 40, 41 and pm or 42. PI." of New CunJbc:NtuI. Plan Z.A. pqe 23. Ilcluuded lad describecl ill KCOtdInce wJdt a Plan of Surfty by Gtail J. Betz AI3OCIat.=a Xuc., ~ and Bumyors. dated Jane t. 1m and bc:aJ:bIg drawinIJ No. 79264. as foilo'h, to 'Writ: BBGlNNlNG al a IIICt 011 cbo to1dbwe.sltide Of Wa= Sttect. It a I;OaJC:f of property !lOW or 1a1c of 0adeI B. Statfom, No. 438. IIIid pohIt beiu& Forty-ona lUICI S~ IeIllU (41.6) feci iI;I ~ CtIaler ofW.c.ec 8creet ml Pl!tb Street; thcqge eandiDg from af4 beglDaiag potZlt and aIoaJ <<be 80IIdlwar side 0( Watr:r Stn:ct. Soutb ~~ (45) ~ F~ (1$) miwa:s Zero (0) ICCODdI EA&t, . cUatImce ()f Twlve (12) _ to a llail at . ~ of ~ now tI{ lite of 1:Jmy J. JOuoffit'lA~; IItoII= exteDdlDg tIoDa ... and pIISiDg thrau&b the ceatw Uoc of I puddo1l wal1. 1110 'l1Ja:o (3) foUowiq CODrlI8S lIId diawIcta: [1] South ~-fow (44) degreq ~ (49) ~ Zezo (0) SG:oDdI West. , dlIIaJc at Twtuty-four ~) feet: (2J South Pod1.fi'Ve (45) cJeeteN PIftceD (1'1 mhNtes Zero (0) ~ Eut. . dlItaD;.e 01 Four and T~ ~ (4.10) ti:et: aDd l'l SoIQ fony-lOllr (44) dcIftlCJ Party.the (45) miUa Zero (O) secomfs W-. & dIIWx:c 01 0Qe ~ Twemy~ (126) !eel tQ alwb on Iht: nortJaIl side of WaIDut Avemo (Sateell (16) red wide rl&bt or 'ftJ): IbeQce eDmdln& aloaa 11IM. North Porty-five (43) ~grees Fineco (1S) ~ Zero (0) MCOdIk Wett. a diatuK:e otBJevcn and Ninety lulndmdtbs (11.90) feel iilOK 182 fACE 510 '-... " ... --~ i{fl tf: . 08/30/2005 17:42 TEL 7175997794 J CONRAD i!j lJ (shown In Deed Book U Volume 11 PJp 498 as Tbln=n au4 Silty hvDlSredtbl [13.60}11:e1) Ib a ~ a& the corner of property now or late of Cbartel E. ~ft'Otd No. 438 aforcmenCJoncd; thence WcodlllC a100C am.e aod paamg throuJb Ibc CCDtU line of a plrtitioll wan die 'I'M:e m foIJow.iDg ~ aDd. cJistuceI: III NOttb. Forty-taur (44) ckp:aa Forty-five (4$) mjuata Zero (0) ~ 'f.&st. Il 4itfaAaI of One H\lndml TweNy- m (126) feet : (2] North Farty~fitIe (oU) ~ Ffttee1t (lS) ~ Zero (0) RC:01Ida Welt. a clfItuce of Five (5) fcd; 11M 1'( Nonh Fmty-four (44) cJe~ Foc1y-fiw (4~) mimIm Zero (0) ICalfICIs EHt. a dlstInce of ~ (24) reef. 10 T.HB PUCE OF BEGINNING. BEING known lUJd nUIrllx:n!d u 438 W.uer Sttec:t. New CumbGttaod, PAp BBING the &ADlC pmn.lses which MaRir. L. Bcftu. . .in2Jc pcraon and Wi1liIm P. Siq ill lAd Muy S. Siq, hU wife, by dI:e4 dart:d ApriJ 6, 1990 and n:corded Apri112, 1990. in the Office of the ~et ot (;)oeds tor CurntlerIaod CoQnt;Y In Daed Book M-34, page m. If'I*d JIM coJlYC)'Cd. UD&O Cbaryl L. Pisbcl. Grantor hcrellL 7VGBTIlER wmr all ltDd sJn&ular Ihe ~11(S, hel1lditamem aDd appurtt:l18nces 10 Ihe same belonaiDg. or in any way appenalDlD&, aud the: n':YCI'Sion and reversions. n:maindcr arxl remainckn. rears. ~ aDl proflU theteof. ... AND ALSO.JI the estate, rigbc, dtJe, intcmC, PropcI1)', clAim .m demand whalSOc1lt:r. both in law and eqtJity. of ~ aid parties Of tho flat ~ of. b1, to Qr 0Ul of rhe said pmmiscs. arid every pan _ pucel tfu:m)t. uDder aM IUbjccf u atortu.id. 10 ~YB AND :ro HOLD tbG Rid PreP1I1es, with slllDcl sinJular the AppurWoancca. UI1lo dlC Aid parties of the IeCODd pm. theft bsin IDd _I,"" forever. under and tubject ts atotcsa1d. AND tbc _ Oranror. party of IbC fim part for lhemIclvcs and Ibm heirs. CXCQItors. and admi~. do by tbeIe P'*IdI, COVI:DlIat. IlIOt _ qrec to IDd wida die: salcl JBrticI of die Je&xJDd (U'1:f. lbClr b:IrI ud .... tbat 1bcy. 1M said ~, perty of 1bI: fint part, their heirs lIIIIl usJp. aD aIId IiDpIar che ~ ..., pRmiac:a De:efo above described IU14 ~, or mcntioDIIIllDll ~ so to be, Yt'lth dle appu~ 1IIltO the ~ parties of tbe secoDIl pNt. their heirllIIIl_ilDl, lJAitJ$t d>>o aid party or the rd part. thalr heirs and. _PSI aD1 apfDst alt IIOd efti)' ClChI:Ir peaob or penoaa" whomsccYCf. lawfdUy daimiDs 0: to claim Cbe ~ or Iq' pan 1b::Qot. by. fn;tfIt, tbrvagh Qr \)pdl:f" them. tbe GnAtIx~~, rcwl)' ....vram lod del end. . 'li!Silgm ~ i I ~ ; E ~ ~ ~ ~l ~ ~ ~ g i. il i Ii 31 ~ tj i! . :;: I - 162 '.AtE 511 @ " --f- =~ ........-~~ - ....r ~_d~r .... i~hSi.1.~$~~k~ J coNRAD - 2005 1;,42 TEL 7175997794 '" . ft. 11oo ,.I<l vrtfJ 01 "'" \IlSt 1"".... -- -..... .,.! ..." 8bO#' ~~NV_ }.. "jiSiIBL . ~~.!~,I1IJA ) ~OI' ~7;- ) l}l( 'I'IJIS ~ ..., of Jo\Y. 1'l9'1. bOfotO -. · 11-' ~ .,.. ~_. ~ ~~J,.FISJ1IlI-. _10-" ~~........ P"""'" - -... ~...,...,j\lll1> ~ .,.! ~ .... fII1 ;,.;.....llbO - for lbO ~ """"" ~ '(Ify band - ... ......~ JttllVJ'tN6SS~F, 1 ~ ttf.'" ~ ~~ . "'I>~'''' 'te- .. ..,.,.............;..'\.; ~.fj..t!...:,.l'~~.. _.~,.~?f. ~ _;. 'f;!" :0 . ~ ".1').:;:;' - - ...... 'i ,.. .: \......~J!~~c~". \0;:$, ~:.t.Nir1;' ,:::: ii t." _.'4';"'t':??'1t .1 "'11l :,:.~." ~ .... 'S,. PUC)->.. .:' _ 162 f~E 512 -") "" ) 08/30/2005 17:42 TEL 7175997794 . . J CONRAD DEED F1(OM ClUm\'L L. FISlmL .... To .JORH mw A.RI) Jl1SJIKL SIt and JQM JL FISHEL. his wlft at TeaaatI h,. die Bndretlt.s TAX PAaCE.t:. NO. 2S-~13-060 BOaOUGH OF NEW CUMBEIU.ANJJ Sc:ou A. BeIJ. Esquiftll 4720 Old Oouyabarc!tOed SUite 209 ~nj,.dmrJ. PA 170$5 ..... 01........ 'I ~.,_.......... . "'-11II11." Ii" .,.. ........ cd Dwda ~~.....:. W:_....:JJ ......"'_ fI afIIae ~"'1tllI ~ .. 1m! fAt€ 513 . . Exhibit "B" r t1 )~Q/ "3%qD ri~~:::RT p, ZIEGLER ~:::CORDER OF DEEDS ,'. :H;EI1LANO COUNTY - r:, ~02 Sf? 5 Aflll 08 Prepared By: Ameriquest MortgaqB Company Return To: Not Assigned 8 Skyline Drive,Hawthorne, NY 10532 Ameriquest Mortgage Company l' .0_ Box 11507 Santa Ana, CA 92711 Parcel Number: 25-24-0813-06Q [Spate Above 'fbls LIne For Re<:ording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are deflOed below and other words are defined in Sections 3. II, 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, whiclt is dated August 28. 2002 together with all Riders to this document. (B) "Borrower" is JOHN EDWARD FISHEL, Sr. and KIM R FISHEL Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Amerique5t Mortgage Company Lender is a Corporation 0037953791 - 9604 PENNSYlVANIA - Single Family - FlIOI1le MlIe/Freddlo Mac UNIFORM INSTRUMENT .. -6IPAIIOO08J Page ~0118 JIIlII"'o: Je~ >1~ VMP MORTGAGE FORMS -(8oo)621-7291 ~ Form 3039 1/01 08/28/2002 8:27:41 BK I 7 7 I PG I S S 3 _.... "7' ) ,. . r- " organized and existing under the laws of Delaware Lender's address is 1100 Town and Country ad, suite 900, Orange, CA 92868 Lender is the mongagee under tbis Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated August 28, 2002 The Note states that Borrower owes Lender fifty-nine thousand two hundred and 00/100 Donars (U.S. $ 59 ,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "LQan" means the debt evidenced by the Note, plus interest, any prepayment charges lUld late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): CiJ Adjustable Rate Rider D Condominiwn Rider 0 Second Home Rider o Balloon Rider D Planned Unit Development Rider [i] 1-4 Family Rider OVA Rider D Biweekly Payment Rider 0 Dther(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well all all applicable fmal, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or simUar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initialed through an electronic terminal, telephonic instrument. computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-DE-sale transfers, automated teller machine transactions, trll1\sfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "&crolV Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" mellIlS any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Properly; (Ui) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage fusurance" means insurance protecting Lender against the nonpayment of. or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0037~JP} - 9604 Inlll.:.: .,.. '1- . i/ t>.j)- Page 20116 OS/29/2002 8: 27: 41 Foon3039 1/01 G-6IPA) loooBI l!l BK I 7 -/ I fiG I 5 9 4 NEW CUMB!:RLAND ("Property Address"): [CitYI, Pennsylvania 27010 [Street) lZip Crxle] I) · ,1 I (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regula/ion X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether Of not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (il) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to Lender the following described property located in the County lTYpe of Recording Jurisdiction] of CUMSERLANJ) [Name of ~ecording Jurisdiction]: LElGAL DESCRIpTION ATTACHED HElRE:TO AND MADE A PART HEREOF: which currently has the address of 438 WATER STREET TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances, and fIXtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of \he foregoing is referred to in this Security Instrument as the "Property.' . -81PAl (00081 I8l Pogo 3 01 16 O~~~~~960K.e~ 08/28/2002 8:27:41 Form 3039 1/01 BK I 7 7 I Fb 1 5 9 5 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is Wlencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a Wliform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, llnd Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instnnnent shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is retumed to Lender unpaid, Lender Olay require that any or aU subsequent payments due Wlder the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (3) cash; (b) money order; (c) certified check, bank; check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits afe in3UIed by a federal agency. instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be delllgnated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower. If not applied earlier. such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making paynteuts due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. Ii Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment i3 outstanding, Lender may apply any payment received from Borrower to the repayment of the periodic Payments if, and to the extent that, each payment can be G-6IPAlI(008) lil 0037.~~1 :&,604 ,if). 0 lnhlolo: . J"'~ KL-':f- 08/28/2002 8: 21: 41 Form 3039 1/01 PallO 4 of \5 / n~yn pt: {77 ( If' G.6(PAJ 100051 III P.BolIG 00379Y.nj.l- 9604 ~//)' # "'1ll"'~Jt'C L =f- 08/28/2002 8: 27; 41 Form 039 1/01 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (tne "Funds') to provide for payment of amounts due for: (a) tll](es and assessments and other items which can attain priority over this Security Instrument as n lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Commurt1ty Association Dues, Fees, and Assessments, if any, be escrowed by Borrower. and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase 'covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due Cor an Escrow Item, Lender may exercise its rights WIder Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts. that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and, (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or ofherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the &crow Items no later than the time specified under RESPA. Lender shall not charge Borrower for bolding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest BK I I 7 I PG l 5 9 6 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RBSPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RBSPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 momhly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance wlth RESPA, but in no more than 12 monthly payments. Upon payment in full of all swm secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over this Security InstrWnent, leasehold payments or ground rents on the Property, if any, and Conununity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. . Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reponing service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on tbe Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (inclUding deductible levels) and for tbe periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-lime charge for flood zone detennination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting from an Objection by Borrower. .. .6(rAIIOOO81 ill Pogo 80116 0037~)!.,Fe 9604 1/,tJ. f) 1"'1111;: ~T- 08/28/2002 8:27:4'1 Form3039 1/01 m( I 7 7 I riG l 5 9 7 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's e1l.pense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. AU insurance policies required by Lender and renewals of such policies shaH be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restorntion or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties. retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If tbe restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negoliate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event. or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the wnounts uDpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether Of not then due. . -6(PAllOO081 III PlIg" 7 0116 0037as-~~~ - J60~~ lollle:., J~ :,c 08/28/2002 8: 27: 41 Form 39 1/01 BK 1 7 7 I PC I 5 9 8 ~ - 6. Occupancy. Borrower shan occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property 8S Borrower's principal residence for at least one year after the date of occupancy, unless Lender otl1erwise agrees in writing, which consent shall not be unreasom\bly withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Malntenlluce IInd Protection of the Property; Inspectlolls. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless It is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in cOlUlection with damage to, or the taJcillg of, the Property, Borrower shalll>e responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurlIl1ce or condemnalion proceeds are nol sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information Or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are not limited to, representalions concerning Borrower'$ occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In tbe Property llnd RJghts Under this Security Instrument. If (a) Borrower fails to perfonn the covenants and agreemeut$ contained in this Security Instrument, (b) there is a legal proceeding tlmt might significantly affect Lender's interest in the Property andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may altain priority over this Security Instrument or to enforce lawl or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument. including protecting and/or assessing the value of the Property, and securing and for repairing the Property, Lender's actioll8 can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under Ihis Security Inltnunent, including its secured pOilition in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any dULY or obligation to do so. It is agreed that Lender incurs no liability for not laking any or all actions authorized under this Section 9. G-6IPAI (00061 i!l I'll/_Sol 18 00379.fiA791 :;(604 1/r? J) I..tllls: ~ ~ .C; /'-..K...-r:- 08/28/2002 8: 27: 41 Form 3039 1/01 BX t 7 7 I PG 1 5 9 9 . -6IPAl (00081 e Pll\lQS 01 10 0037~.rJl- 9604~r j) InlUaI" U -1 '::f:- 08/28/2002 8:27:41 Fwm 9 1ro1 Any amounts disbursed by Lender under Ihis Section 9 shall become additional debt of BorIQwer secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is On a lell1\chold, Borrower shall comply with all the provis]ollS of the lease. If Borrower acquires fee title to the Propeny, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Ill.5Utance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiUll1s for Mortgage Insurance, Borrower shall pay the premiums re(!ulred to obtain coverage substantially equivalent to Ihe Mortgage fnsurance previously jn effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Ill.5urance previously In effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage cell1\ed to be in effect. Lender will accept, use and rerain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss re.scrve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (In !he amount and for the period that Lender requires) provided by an iI1surer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage InsUIlllWC, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect. or to provide a non-refundable loss reserve, until Lender's requirement for MQrtgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that aTe satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (whiCh may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a shale of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any sucb agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and tbey wiJl not entitle Borrower to any refund. BK \ 7 7 \fJG \ 5 0 0 (b) Any such agnements will not affect the rights Borrower has - jf any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any otber law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tennilUlted automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment or Miscellaneous Proceeds; Forfeiture. AU Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such MiscelllUloous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such MiscelJaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamlngs on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. In the event of a partial taking, destruction. or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, Of loss in value, unless BOlIower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (h) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in vaiue, unless Borrower and Lender otherwise agree in writing. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instroment whether or not the swns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) off6l1l to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be O.a-8IPAl (00081 pago 10 of 16 0037~}.79/ ~ 960~ InUals: ~ 08/28/2002 9:27:41 FOlm30 9 1(01 Bl( I 7 7 I PG , 6'0 I dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security [nslrument grlUlted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amoWlts less than the amount then due, shall not be a waiver of or preclu4e the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Howevet, any Borrower who co-signs Ihis Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security InstlUUlent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear Or make any accommodations with regard to the tel1l1'l of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations Wlder this Security Instrument in writing, and is approved by Lender, shall obtain aU of Borrower's rights and benefits under thill Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the aUCcCSSOr3 and 1IS1Iigns of Lender. 14. Loan ChRrges. Lender may charge Borrower fees for seNices performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 1f the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan el\;ceed the permitted limits, then: (a) any such loan charge shall be reduced by the llffiount necessary to reduce the charge to the pennitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be Ireated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. AIl notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in cOlUlection with this Security Instrument shall be deemed to 0037~_3J91 - 9604 I::':.fj 0 II1l1lol'~f r Pagll10116 08/28/2002 8:27:41 form3039 1/01 .. -6IPAI (00061 Ii) BK I 7 7' I PEi I 6 0 2 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only repon a change of address through that specifIed procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shaH be governed by federal law and the law of the jwisdiclion in which the Property is located. All rights and obligations contained in this Security Instnunent are subject to !lIlY requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties 10 agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest In the Property, Including, but not limited to, those beneficial interests transferred in 8 bond for deed, contract for deed. installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Inten:st in the Property is aold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be ex.ercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Mter Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or .J G-6IPAIIOOO81 ~ 0037~~9U 9604 J) /J _ () Inllflll" KJ:..--T- r.g.l2.of 16 08/28/2002 8: 27: 41 Form 3039 1/01 BK I 7 7 I PG l 6 0 3 agreements; (c) pays all expenses incurred in enforcing this SecurilY Instrument, including, but not limited to, reasonable attorneys' fees. property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the ProperlY IUld rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more 'of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any sucb check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") tblll collects Periodic Payments due under the Note and this Security Instrument and perfol1I1S other mortgage loan servicing obligations under the Note, this Security Instrument, and App1i!:able Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower wiJl be given written notice of the change which will state the name and llddress of the new Loan Servicer, the address to which payments should be made and any other infonnation RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of II class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section l5) of such alleged omllCh and afforded the other party hereto a reasonable period after the giving of such notice to take corrcx:rive action, If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this pll11lgraph. The notice of acceleration and opportwtity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section ~O. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other f1~able or toxic petroleum products. toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonna1dehyde, and radioactive materials; (b) "Environmental Law. means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes. any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can caUlle, contribute to, or otherwise trigger an Environmental Cleanup. G-61PAllOOO81 @ 00379j)37)}1- 9604,)#, /J Initiaf.:~/l ~;r- Pago130116 08/28/2002 8:27:41 FIHm3039 1/01 81(1771 PG 1604 Borrower shall not cause or pennit the presence, use. disposllI, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Properly (a) that is in violation of any Envirornnental law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the pre:;ence. use. or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonual residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation. claim. demand. lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvironmentllI Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by Ihe presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns. or is notified by any govenunental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envirorunental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Acceleration; Remedies. Lender shall gJve notice to Borrower prior to acceleralloD following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other tbings: (a) the default; (b) the action required to cure tbe default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of tbe Property. Lender shall furtber inform Borrower of the right to reinstate aller acceleration and the right to asstlrt In the foreclosure proceeding the non-existence of a default or lUly other dtlfense of Borrower to accelemtJon Rnd foreclosure. If the default is not cured as specified, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without furtber demand and may foreclose this Security Instrllment by judicial proceeding. Lender shall be entitled to collect all expeDSell Incurred in pursuing tbe remedies provided In this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release, Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shan tenninate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for reLeasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the eKtent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any prCllent or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall e}[tend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument 1s lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate Mter Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shaH be the rate payable from time to time under the Note. Oci6lPAI (0008) Page 14 of la 0037953791 - 9604/./.7./.J 1.1tJ...~1t K.r..J"F 08/28/2002 8: 27: 41 Form 3039 1(01 BK I 7 7 , PG t 6 0 5 BY SIGNING BELOW, Borrower accepts and agrees to the teons and covenants contained in this / Security Instrument and in any Rider eltecuted by Borrower and recorded with it. / Witnesses: (Seal) .Borrower (Seal) .Bon-ower (Seal) . UQrTUwer G-6IPAl (00061 l!l BKI771PGl606 i: .t12 'dy-Q K R FISHEL -BorrDwer (Seal) - BorroIYe r (Seal) .Borrower (Seal) . Born;Jwer 0037953791 - 9604 PlIll8 15 0116 08/28/2002 8:27:41 Form 3039 lf01 Certificate of Residence I, ~,,~lt<!{i- -~ I' , do hereby certify that the correct Witness my hand this 7q5 Sf-, II furu~ Rcl. ~~s Ei:1 / / day of ~r?en. .e;fi,~ V'fJr address of the within-named Mortgagee is COMMONWEALTH Of PENNSYL' ANIA County 55: OnlhjSlh~ ..;h day of Ilal/.ud the undersigned officer, personall~ aypeared " j CJ I -::r ~ r1 Edwat'",p(' h'~_ K/M 75. +.\~-e-/ known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes hereIn contained. / IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAl. CHRISTINA A. MAGUIRE. NOTARY PUBUC, YORl<, YOR~ COUNTY, PA MY COMMISSION EXPIRES DEC. B. 2003 My CommIssion Expires: IIJ~IIIIIIIIIII~~IIIII~~1 ~~~111 4ao.16PA(4/021 P_l&ol16 BK \ 7 7 \ PG \ 0 0 J..~ e~ ,."IIf1'IIIII/;:';'..,. "V { "'~"'1\"~'''' ~ ~~ I- -.'.' '~~i' :-;;. c.. ' ' . ... . ..' :., ""'. :..,"~ ~ --- - - .,... " ;' '..9:,<.",...--. '{>5(/:? .' ~ ..~.. \, -".1.< "~ 0037~7::;::~~;~t.:~ii; O6I2B120<>2 8:27:41 AM BK , 7 7 \ PG , 6 0 8 SCHEDUlB"~----~ . '----- ) BEGINNING at a tack on the southwest side of Water Street, at c()~fPro}Jerty-noVf or late of Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast comer of Water ~treet and Fifth Street; thence extending frofIl said beginning ppint &od along the so~thwest side of Water Street, Soqth Forty-five (45) de~rees Fifteen (IS) minutes Zero (0) seconds East, 11 distance of Tw~lvy (12) feet to a nail at a comer of property now or late of Harry J. Kauffinan; thence extending along same and passing through the c~nter line of a partition wall, the Three (3) following courSe$ li:pd ~.st~ces: [1] S6uth Forty-four (44) degrees FortY-nine (49) minutes Zero (0) secon<fs West, a distance of twenty-four (24) feet; [2] South Forty-:fiv~ (45) degrees Fifteen (15) minu~es Zero (0) secon4s East, a distance ofFoqr and Tenhun.dred,hs (4410) feet; llnd {3] South Forty-four (44) de~ees Forty-;five (45) p1inutes Zerp (0) seconds West, a distance of Qne Hundred Twenty-six (126) feet to a hub on the northeast side of Walnut Avenue (S~een [16] feet wide right of way); thence extending along saine, North Forty-five (45) degrees Fifteen (1S) minutes Zero (0) seconds West, a distance of . Eleven and ijinety hundredths (11.90) feet (shown in Deed Book U Volume 27, Page 498 as Thirte~n and Sixty hundredths [13.60] feet) to a hub at the comer of property now or late of Charles E. Stafford No. 438 aforQIIl.entioned; thence extending along same and passing through. the cynter line of a partitiop wall the Three (3) following courses and distances; [1] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six (126) feet; [2] North FortY-five (45) degrees Fifteen (15) minutes Zer9 (0) seconds West, a distance of Five (5) feet; and [3] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-Six (126) feet; [2] North Forty-five (45) degrees Fifteen (IS) minutes Zero (0) seconds West, a distance of Five (5) feet; and [3] North Forty-four (44) degrees Forty-Five (45) miuq.tes Zero (0) seconds East, a distance of Twenty-four (24) feet to T~ PLACE OF BEGINNING. BEING known ~d. numbered as 438 Water Street\ New Cumberland, PA. BEING the ~e premises which Chery L. Fishel. by Deed dated July 20, 1997 and recorded Augqst 7, 1997 in the Office of the Recorder' of Deeds in and for Cumberland COUIlty. in Deed Book 162, Page 510, ~anted and conveyed unto John E. F~el Sr and .Kim R. FisJ;1el, his wife, as tenants by the Entireties. 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 28th day of AUgUst, 2002 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Tmst, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to Ameriquest Mortgage Company (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 438 WATER STREET, NEW CUMBERLAND, PA 17070 [Property Address] 1-4 FAMILY COVENANTS. ]n addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in t1lis 1-4 Family Rider and the Security Instrument as the . Property. " MUlTlSTATE 1- 4 fAMilY RIDER - Fann19 Mge/l'reddla M9C UNifORM INSTRUMENT Page 1 of 4 VMP MORTGAGE FORMS. (13001521-72.91 .~57R (00081 0037953791 Initials: ~)7/ ",(1. J!i!,..j2.. Form 31701/01 08/28/2002 8:27:41 AM BI{ I 7 7 I PG I 6 0 9 '- B. USE OF PROPERTY; COMPLIANCE Wl'flI LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security 11IStrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 conceming Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign (0 Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment. Lender shall have the right to modify, extend or terminate me existing leases and 10 execute new leases, in Lender's sole discretion. As used in this paragraph G, the word 'lease" shall mean "sublease" if the Security Instnunenl is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shalt pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender hIlS given Borrower notice of default pursuanl to Section 22 of the security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are 10 be paid to Lender or Lender's agent. This assignment of Rents coostitutes an absolute assignment and not an assignment for additional SC(;Ufity only. If Lender gives norice of default to Borrower: (i) all Rents received by Borrower sbull be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (Ii) Lender shaIl be entitled to collect and receive all of the Rents of the Property; (iii) .~67R (0008) 08/28/2002 8:27:41 ~ 0037953791- Inlttals::M1:.J..< a-42 form ;H70 1101 Page 2 of 4 BK I 7 7 I PG I 6 I 0 r . '. I Borrower agrees that each tenant of the Property shall pay all Rents due ancl unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied tirst to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, tues, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver nppoinled to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assigrunent of the Rents and has not perfonned, and will not perform, any IIct that would prevent Lender from exercising its rights under thill paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required 10 enter upon, take control of or maintain the Propeny before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall tenninate when all the sums secured by the Security Instrument are paid in full. I, CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security InstrUment. 08/28/2002 8:27:41 AM G-61R 100013) <<> 003795379~1 ,f) InltlalS~ 'iF- Form 3110 1/ 1 Page 3 01 4 BK I 7 7 l PG I 6 l l . I " . BY SlONING BELOW, Bom>_ =p" .... ~:"" .... pro';';"'" ",nr~ned io tlti, 1A Family Rider. -/ J.L ~;!~ L, (SeoJ)\ ~ l j)~' A. C ~(S"') JoHN EDWlUID II'ISHEL, Sr. -Bol1:ower KIM 11. lI'ISJil!lr.. (Seal) -Bon:Qwer (Seal) -Borrower (Seal) -Borrower -Borrower _(Seal) -Bocrower (Seal) -Borrowec (Seal) -lloHower ~57R (OOOal Page 4 of 4 Form 3170 1/01 08/28/2002 8:27:41 AM 0037953791 BX I 7 7 I PG I 6 1 2 . I f f, . I L _ ADJUSTABLE RATE RIDER (UBOR Slx-Month-lndex (As Published In the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 28th day of August, 2002 and Is Incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable ~ate Note (the "Note") to Ameriquest Mortgage Company (the "Lender") of the same date and covering the property described In the Security Instrument and located at 438 WATER STREET, NEW CUMBERLAND, PA 17070 (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the SecurJty Instrument, Borrower and Lender further covenant and agree as follows; A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provlaes for an initiallnterest rate of 7.850 %. The Note provides for changes in the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Datos The Interest rale I wtll pay may change on the first day of September, 2004 ,and on that day every 6th month thereafter. Each date on which my Inlerest rale could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my Interest rate wRI be based on an Index. The "Index" Is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market (ilL/BORn), as published in the Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date Is called the "Current Index." If the Index Is no longer available, the Note Holder will choose a new Index which Is based upon comparable information. The Note Holder will give me notice of this choice. Initials ~J; s,( KeJ Loan Number: 0037953791 - 9604 811).1 (Rev 11011 Page 1 of 3 08/28/2002 8:21:41 AM BK I 7 7 I PG I 6 I 3 r' t ~. . (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six and one-half percentage points ( 6.500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). SubJect to the limits stated In Section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (0) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.850% or less than 7.850%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.850% or less than 7.850%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I wll1 pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mall to me a notice of any changes In my Interest rate and the amount of my monthly payment before the effective date of any change. The nollcs will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the oollce. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument Is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest In the Property' means any legal or beneficial interest In the Property, including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement. the intent of which Is the transfer of title by Borrower at a future date to a purchaser. Inmalsfr;:- sf( Loan Number: 0037953791 - 9604 610..2 (Rev 1/111) Page 2 of 3 08126/20028:27:41 AM Bl{ I 7 7 1 PG I 6 I It J!f{2 If all or any part of the Property or any Interest In the Property is \laid or transferred (or If Borrower ill not a natural person and a beneficial interest In Borrower Is sold or transferred) without lender's prior written consent, lender may require Immediate payment In full of all sums secured by this Security Instrument. However. this opllon shall not be exercised by l.ender If sucl1 exercise Is prohibited by federal law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender In(ormatlon requIred by Lender to evaluate the Intended transferee as If a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the ris~ of a breach of any covenant or agreement in th1s Security Instrument Is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate paymentln full, Lender shall glV6 Borrower notice of accelaralion. The notice shall provide a period of not less than 30 days from the date the notice is given In accordaose with Section 15 within which Borrower must pay all sums secured by this Security Instrl:ltllent. If Borrower falls to pay these // 5ums prior to the explrallon of this period. Lender mayrnvoke any remedles permitted bY/hiS Security Instrument without further notice or demznd n Borrower. BY SIGNING BELOW, Borrower accepts an7a aes to the terms and covenants contaln1i this Adjustable Rate Rider. V (Seal) Borrower (Seal) Borrower (Seal) Loan Number: 0037953191 - 9604 G10.3IRov!lUl) Page 3of3 R~.corder of Deeds BK I 7 7 I PG I 6 I 5 4~l \t) ''-. ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Ameriquest Mortgage Company hereinafter "Assignor" the heldt' of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money tilllll it in hand paid by Deutsche Bank National Trust Company as truste of Ameriquest Mortgage Securities Inc, SiP'"{(," 2002-D Asset Backed Pass Through Certificates Under the Pooling and Servicing Agreement Dated :.1') oi December 1,2002, "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAl CERTAIN Indenture of Mortgage given and executed by John Edward Fishel Sr and Kim R. Fishel to Ameriqu~."t Mortgage Company, bearing the date 08/28/02, in the amount of$59,200.00, together with the Note and indebtednt'-s therein mentioned, said Mortgage being recorded on 09/05/02 in the County of Cumberland, Commonwealth i Pennsylvania, in Mortgage Book 1771 Page 1593, . Being Known as Premises: 438 Water Street, New Cumberland, P A 17070 Parcel No: 25-24-0813-060 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, duell11 Ii grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedk . incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same, TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, L! ill' its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagol , said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "ASSignOr~has caused its Corporate Seal to be herein af.fixed and these pn~ser"t be duly executed by its proper officers this /1 day of y _, 20~ Ameriquest Mortgage Compc:u\./ By AMC Mortg ge Serv I' ~. t~i.!::;Enr r:; "'J~' Inc. as Auth rized agent ,-' . . . LeG L E R ~ ;- '~. I . ; \ J..) (~t: ,.~ ~r- <,'1 uccDs COUNTyBf, 05 NDU 1 if Jeff Rivas, PfJ 12 17 A:tt :c amara Price, Authorized Agent Sealed and Delivered in the presence of us; State of California ss. County of Orange .JJ On this [if' day of September 2005, before me, the subscrj.L- personally appeared Jeff Rivas, Vice President, who acknowledq,,:;' to be the Vice President of Ameriquest Mortgage Company by AMC Mortgage Services Inc. as Authorized Agent, and that, as such Vice President bt"I1:~ authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Stamp/Seal: ~~liC The precise ad ress of the within named 505 Cit Par Orang , By: After recording return to: PHELAN Hallinan and Schmieg, L.L.P One Penn Center 1617 J.F.K. Blvd., Ste.1400' Philadelphia, PA 19103-1814 9/9/05 Document Request 0037953791 signee) J..-.......-. .........- - -..-...-.......-. . .. R. P. UMAU _ .-.. CommiSSion # 1453282 . ~ ~ . M Notary Put,lic - Califomla ~ ~ " Los Angeles County f _ MyCornm. Expires Dee 23.2007 BOOK 722 PAGE 2149 Land Services of P A 400 Fellowship Road, Suite 250 Mt. Laurel, NJ 08054 (856) 793-3200 Fax (856) 793-3201 RECORD OWNER AND LIEN CERTIFICATE Issue Date: 9-2-05 Effective Date: 8-17-05 Order Number: P A3 71 02 Servicer: AMC Mortgage Services Client Number: 122469 Premises: 438 Water Street, New Cumberland, PA 17070 Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies tf n premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereii forth. This Certificate does not constitute title insurance; liability hereunder is assumed by Lh., Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sm.' to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground with the improvements thereon erected sit ,. the southwest die of Water Street, New Cumberland Borough, Cumberland County, Pennsyl, being Lot Nos. 40, 41 and part of 42, Plan of New Cumberland, Plan 2-A, page 23, boundedu' described in accordance with a Plan of Survey by Gerrit J. Betz Associates Inc., Engineers and Surveyors, dated June 1, 1979 and bearing drawing No. 79264, as follows, to wit: BEGINNING at a tack on the southwest side of Water Street, at a corner of property now or La: Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast <)' of Water Street and Fifth, Street; thence extending from said beginning point and along the south\!' side of Water Street, South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East distance of Twelve (12) feet to a nail at a corner of property now or late of Harry J. Kauffman; J. extending along same and passing through the center line of a partition wall, the 1bree (3) follo\-\/l n courses and distances: [1] South Forty-four (44) degrees Forty-nine (49) minutes Zero (0) secnnd~: West, a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (15) minuw. Zero (0) seconds East, a distance of Four and Ten hundredths (4.10) feet; and [3] South Forty~t;)ii' (44) degrees Forty-five (45) minutes Zero (0) seconds West, a distance of One hundred Twenty>>sL\ (126) feet to a hub on the northeast side of Walnut Avenue (Sixteen [16] feet wide right of way); thence extending along same, North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Eleven and Ninety hundredths (11.90) feet (shown in Deed Book U Volume 2 Page 498 as Thirteen and Sixty hundredths [13.60] feet) to a hub at the corner of property now OJ of Charles E. Stafford No. 438 aforementioned; thence extending along same and passing through h, center line ofa partition wall the Three (3) following courses and distances: [1] North Forty-four l1.L.l degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six 1: . BOOK 722 PAGE 2150 ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATf< Servicer: Client Number: 122469 feet; [2] North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance ofFrvc (5) feet; and [3[ North Forty-four (44) degrees forty-five (45) minutes Zero (0) seconds East, a distance of Twenty-four (24) feet to THE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street, New Cumberland, P A. BEING the same premises which Marcia L. Bentz, a single person and William P. Sieg III ant! \~, E. Sieg, his wife, by deed dated April 6, 1990 and recorded April 12, 1990, in the Office of the Recorder of Deeds for Cumberland County in Deed Book M-34, page 927, granted and convey"( unto Cheryl L. Fishel, Grantor herein. Being Parcel # 25-24-0813-060 l Certi.fy thi.s to be recorded In cumberland County P.A . ~~1' JMr Recorder of Deeds BOOK 722 PAGE2151 Exhibit "c" 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 AMERlQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 505 CITY P ARKW A Y WEST SUITE 100 ORANGE, CA 92868 Plaintiff v. JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS'" - '110 ~ c., fL)' f L CUMBERLAND COUNTY ! ) L. 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 foHm'\, .1;. 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 dt j; or objections to the claims set forth against you. You are warned that if you fail to do so the case n I proceed without you and a judgment may be entered against you by the court without further notice 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 V [ LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE \',,1 WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVU YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBU:< 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 We Mreby cert\tt the' w1Il\h1o be. ~tmd e<<reotoopYO'" o11Q\ftll i\lIdofdGOfd fEOr1r\UI\". ".~,,,oHE,-,,N File #: 122469 ~".~. . " ~fQ~~i P'~A~ Rf:1j' ., . . J CO, Py ~. ,rU''U , ,- , ~"'~' ~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 AMERlQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 505 CTIY PARKWAY WEST SUITE 100 ORANGE, CA 92868 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY Plaintiff v. JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 Defendant 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 followh1~ 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 dr f,;':' or objections to the claims set forth against you. You are warned that if you fail to do so the case nu; proceed without you and a judgment may be entered against you by the court without further notice 1.;1 any money claimed in the complaint or for any other claim or relief requested by the plaintiff. Y ou ma'~ lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE Y( \I) WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDI; YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 122469 File #: 122469 IF TmS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO TIDS 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1,2002 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are: JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/28/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERlQUEST MORTGAGE COMPANY which mortgage is recorv ' in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1771, Page' c;'! 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 05/0112005 and each month thereafter are due and unpaid, and by the terms of SIi" mortgage, upon failure of mortgagor to make such payments after a date specified by writter' notice sent to Mortgagor, the entire principal balance and all interest due thereon are collect' forthwith. File #: 122469 6. The following amounts are due on the mortgage: Principal Balance mterest 04/01/2005 through 09/07/2005 (Per Diem $15.06) Attorney's Fees Cumulative Late Charges 08/28/2002 to 09/07/2005 Cost of Suit and Title Search Subtotal $57,836.94 2,409.60 1,250.00 326.20 $ 550.00 $ 62,372.74 Escrow Credit Deficit Subtotal - 358.32 0.00 $- 358.32 TOTAL $ 62,014.42 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs S<:., the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of~ 62,014.42, together with interest from 09/07/2005 at the rate of$15.06 per diem to the date of Ju,jf' and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC~IE~4 ~.>- /~ By: /s/Francis S. Hal~ ---- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122469 LEGAL DESCRIPTION ALL THAT CERT AlN lot, parcel, piece of ground with the improvements thereon erected situate on the southwest die of Water Street, New Cumberland Borough, Cumberland County, Pennsylvania, being Lot Nos. 40, 41 and part of 42, Plan of New Cumberland, Plan 2-A, page 23, bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates Inc., Engineers and Surveyors, dated June 1, 1979 and bearing drawing No. 79264, as follows, to wit: BEGINNING at a tack on the southwest side of Water Street, at a corner of property now or late of Charles E. Stafford, No. 438, said point being Forty-one and Six tenths (41.6) feet to southeast comer of Water Street and Fifth Street; thence extending from said beginning point and along the southwest side of Water Street, South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Twelve (12) feet to a nail at a comer of property now or late of Harry 1. Kauffman; thence extending along same and passing through the center line of a partition wall, the Three (3) following courses and distances: [1] South Forty-four (44) degrees Forty-nine (49) minutes Zero (0) seconds West, a distance of Twenty-four (24) feet; [2] South Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds East, a distance of Four and Ten hundredths (4.10) feet; and [3] South Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds West, a distance of One hundred Twenty-six (126) feet to a hub on the northeast side of Walnut Avenue (Sixteen [16] feet wide right of way); thence extending along same, North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Eleven and Ninety hundredths (11.90) feet (shown in Deed Book U Volume 27 Page 498 as Thirteen and Sixty hundredths [13.60] feet) to a hub at the comer of property now or late of Charles E. Stafford No. 438 aforementioned; thence extending along same and passing through the center line of a partition wall the Three (3) following courses and distances: [1] North Forty-four (44) degrees Forty-five (45) minutes Zero (0) seconds East, a distance of One Hundred Twenty-six (126) feet; [2] North Forty-five (45) degrees Fifteen (15) minutes Zero (0) seconds West, a distance of Five (5) feet; and [3[ North Forty-four (44) degrees forty-five (45) minutes Zero (0) seconds East, a distance of Twenty-four (24) feet to THE PLACE OF BEGINNING. BEING known and numbered as 438 Water Street, New Cumberland, PA. BEING the same premises which Marcia L. Bentz, a single person and William P. Sieg ill and Mary E. Sieg, his wife, by deed dated April 6, 1990 and recorded April 12, 1990, in the Office ofthe Recorder of Deeds for Cumberland County in Deed Book M-34, page 927, granted and conveyed unto Cheryl L. Fishel, Grantor herein. File #: 122469 VERlFICATION 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. ~~ 8-~ S; t/ // Francis S. Hallinan, Esquire . Attorney for Plaintiff DATE: C}, tlJ:S . . . . . :.: ::..::.;. ~.;-t: ...:..:::..........~.~..~ :'''::.-::'--::~ ":~~:O;-: "':-:-.r:~.-~,:...4"~_"'i"_~"':.:--~':';'; ~::.;.;.: ;.:;:. -;.: ':,.;.~~;-.:;:.~ :;.;~:..::,;;..:.; ;:::.;..:-::-.;~.;~-.:; ~"...:_,.",,:-:-_~..~..-"._-.;~: <~:.: -:-:;~ :_:---; :.:-:-.:;-: :-:- ~.:. . . Exhibit "D" . . .., PHELAN HALLiNAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICA TES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 505 CITY PARKWAY WEST, SUITE 100 ORANGE, CA 92868 if:; 'fc .~' iF t,,"'m, ^" . CUMBERLAND ~ou~tJ y COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. 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 J 0 UN E. FISUEL~ SR. and. 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 9/8/05 to 10/28/05 TOTAL $62,014.42 $768.06 $62,782.48 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. ~~li~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY . . rI . Exhibit "E" . . DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-4692-CIVIL TERM Plaintiff, v. JOHN E. FISHEL, SR. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIQUE8T MORTGAGE SECURITIES INC. SERIES 2002-D. ASSET BACKED PASS-THROUGH CERTIFICATES. UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2002, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .438 WATER STREET. NEW CUMBERLAND. PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN E. FISHEL, SR. 438 WATER STREET NEW CUMBERLAND, PA 17070 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 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 of last 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 438 WATER STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 28. 2005 DATE ~~yj J~ DANIEL G. SCHMIEG, E~ Attorney for Plaintiff ~0\..6\.. 300~d1Z SOOl \..0 AON 006-00 $ -~~"""'___..r-_-,,-.......-" .- o o p.. ~ ~ - , .~ ~_ ::3 opr./) ~.~-d r.f) ta ~ u8v r.f)W~ of; 0 c<$~~ z.g ;:>:.. <r.f)~ ~~E ~~~ i:28~ ~~.E ....,lp....... Wvl'-- ~8~ p.. ........ "0 ; ~ Q;l Q) 8-6 ~"O z< -I , , , -\ \ \ .. .. 1 \r T I \ \ \ e~ ". ~ '" :g e.:!! ~ >> ~g~ ~~O~NW II '" 8~~ p. 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(/) p.. ~ .- 5 ~ ~ ~ I ~ 0 ~ ~ 'C (/) 0 Cl ...... ::I1 J ........ .. ~ 0"\ .r ~ 8 ~ '" " " u <> ..-. .. ~lE ... ~ -< ~ (/) 15:0 ~ ~ u ...... .... '" p.. o '" ~ ~ 0 d' ~ u 0 !.1i 'UP-< % E ~ ~ 1~ 'C ~ 'a (/) zo~ <( ~ o~ - ~ '3g "d C> ~ ~:;. .. ,...., c.<:S e 0 0 .- ~ III 0 0 t-< z. p.. ... Cl) ,g E .. ::J Z ~ u Q) en '0 .... :>> O(n :e t-d t <( 1:4 .q- <r> Z.; "0 .- N .-r. '3g 0 ........ ...... ........ == \0 r- oo 0- ..... ..... ...... o.~ Q) 0 .- N .-r. ~ <r> 1-'0.. 00 .E ~ II~ I 0 Exhibit "F" .. . SHERIFF'S RETURN - REGULAR CASE NO: 2005-04692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FISHEL JOHN E SR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL JOHN E SR the DEFENDANT , at 1840:00 HOURS, on the 12th day of September, 2005 at 438 WATER STREET NEW CUMBERLAND, PA 17070 by handing to JOHN E FISHEL JR 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 13.60 .00 10.00 .00 41.60 r~~~.. R. Thomas Kline ? 09/13/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~~Pi~ Deputy Sneriff me this day of A.D. Prothonotary AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES 1Ne. SERIES 2002-D, ASSET BACKED P ASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 CUMBERLANU COUNfY PMB No. 05-4692-CIVIL TERM ACCT. #0037953791 DEFENDANT(S) JOHN E. FISHEL, SR. Type of Action - Notice of Sheriff's Sale SERVE JOHN E. FISHEL, SR. AT 438 WATER STREET NEW CUMBERLAND, P A 17070 Sale Date: MARCH 8, 2006 SERVED Served and made known to S, Defendant, on the ( 5* day of No \I~~20oS: al 7; IS., o'clock lm, al_<0<6 \11J~f.er Sf:., New C U-wI~ r ~~ ' Conunoowealth of PeIUlSylvania, in the manner described below: / Defendant personally served. <:' V Adult family member with whom Defendant(s) reside(s). Name and Relationship is 0tJN Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said D6fendant(s)'s company. Other: Description: Age ~ Height 5!JQ l' Weight J..5Q Race ~ Sex MOther I, -Ro IV A.LJ, M D L..L- , a 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 manner as set forth herein, issued in the captioned case on the date and at the address indicated above. t2&1W-J ~. NOT SERVED On the day of ,200-, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: I' / t). / O~ Time: I: 30 ~ 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff DanielG. Schmieg, Esquire -I.D. No. 62205 ~ \ \ Exhibit "0" . . Search - 5 Results ~ No terms specified Page 1 of 1 Form: All Guided Search Forms> Person Locator Terms: last-name(fishel) and first-name(kim) and zip-x(17070) (Edit Search I Suggest Terms for My Search) .Select for FOCUSTM or Delivery r FISHEL, KIM THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY PERSON LOCATOR - PSRCH2 Name: FISHEL, KIM Social Security Number: 183-66-XXXX Address: 438 WATER ST NEW CUMBERLAND, PA 17070 Address Created: 2/1999 Form: All Guided Search Forms> Person Locator Terms: last-name(fishel) and first-name(kim) and zip-x(17070) (E;gitSearcl1l SuggestTerms forMYHSearcO) View: Full DatefTime: Wednesday, December 20, 2006 - 9:43 AM EST .'" it:, .' . About LexisNexis I Terms & Conditions ,'leXISNexlsE;' CODvriaht @ 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. https://www.lexis.comJresearch/retrieve?_ m=cd69ffe4c 17545b39dfc7d8084054b70&doc... 12/20/2006 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia,PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1,2002 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-4692 Civil Term Plaintiff CUMBERLAND County v. John E. Fishel, Sr. Defendant CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copies of the Plaintiffs Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sale, Brief, and notice of presentation were served upon the following: John E. Fishel, Sr. and Kim R. Fishel: 438 Water Street New Cumberland, P A 17070 795 Stillhouse Road Etters, P A l7319 Dated: 0-) '2 D ( Of,. Respectfull y ~rIIEtANH \ By: Daniel G. Schmieg, Esquire I.D. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff VERIFICATION I, Daniel G. Schmieg, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sheriffs Sale, Nunc Pro Tunc, is true and correct to the bcst of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, \ By: Daniel G. S J.D. 62205 One Penn Center P aza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff "SC"lIMIEG, L LP Dated: December 20,2006 L&- ;e C~ I · .. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURTIES INC. SERIES 2002-0, ASSET BACKED PASS-THROUGH : CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA V. JOHN E. FISHEL, SR. DEFENDANT NO. 05-4692 CIVIL ORDER OF COURT AND NOW, this 26th day of December, 2006, upon consideration of the Petition for Supplementary Relief in Aid of Execution pursuant to PA.R.CP. 3118 to Confirm Sale, Nunc Pro Tunc, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, and his wife, Kim R. Fishelf to show cause why the relief requested should not be granted; 2. The Defendant and Kim R. Fishel will file an answer on or before January 10f 2007. The Prothonotary is directed to forward said Answer to this Court; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Courtf ~~ J. M. L. Ebert, Jr., 98 :01 ~'l'~ 92 :no 9UUl . Daniel G. Schmieg, Esquire Attorney for Plaintiff John E. Fishelf Sr. Defendant bas r .... -,I ll) .... \1) + m \1) ..... lfl 1 \1) Itfl '\I ~J ~ 0.1 lJ.) i\) lJ.) 3 ~~ \0'-> ~ ~ 00 )> z ;0 ", Co f!! o~ ",c . ;0 ~~ ~o "-JC o~ W(J} '0 Wc w)> 0:>;0 "-J", <:::::J \J' "- y Q, ~ ~'~ m~2; ~CJ13 Ci3U>;;o .. =:. -U="T1 ...... ::r _. -ow C::T .......w(O -....1(0- :.u .....;;0 :00 Q) a. fl1Cl)"lJ"lJ"lJ -IOHOH - -IO~~! - - ~;Ufl1])~ - - 0Hr;u - o OiJI :: ~m~-IX II ;u - III .H - -I "';Ut..;I'" - C ,,",00111'" - Cl) :r 01 - :u - Z ...-IZIII - U);U xz - -f Irfl1'U'" - - 0 U);u ... s: 0 0 UNITE-a - 01 )> 0 IV IS'~ :: 0 10. ;U ~~> ~ \ - III ti)lD -I CD :: Z ZO ~ * lt~) 0 (II - -I III on :u - 00 ~ lil"'ll~ - fl10l Z - 0'" ~ ~~ :111 - ti) :: .... .., IVW ~ - ti) o oeD '" - 10 - ;:;g 0 - .... 0 (II 3: r L.fT1 C rn OfTI G'l ::0 fTl-l L ::0 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. J.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-0, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1, 2002 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-4692 Plaintiff Cumberland County, Pennsylvania v. John E. Fishel, Sf. Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, by and through its attorney, Phelan, Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. The Petition and Rule to Show Cause were timely served upon all paIiies 111 accordance with the applicable Rules of Civil Procedure by the Comi on December 26, 2006 and by Plaintiffs Counsel on January 2, 2007. Attached hereto, made a part hereof and marked as Exhibit "A" are true and correct copies of the Courts Rule to Show Cause and Certificate of Service of said Rule to Show Cause. 3. John E. Fishel, Sr. and Kim R. Fishel have failed to respond or otherwise plead to the said Petition and, as a result, Plaintiff is entitled to the Relief requested, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order making the Rule to Show Cause absolute. ....-- Rcspectfully S~ittCd, PHELAN I~LI~N & SCHMIEG, LLP '" ',.....,.".. , \., By:. ,_. _~._._,...,__ _..-=--, ., ;~:;~,._,--~_... __- Daniel G. Scl1micg. Es(n~?re- LD. 62205 l____j One Penn Center Plaza Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff Exhibit "A" DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURTIES INC. SERIES 2002-0, ASSET BACKED PASS-THROUGH: CERTIFICATES, UNDER THE POOLING AND SERVICING' AGREEMENT DATED AS OF DECEMBER 1, 2002 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN E. FISHEL, SR. DEFENDANT NO. 05-4692 CIVIL ORDER OF COURT AND NOW, this 26th day of December, 2006, upon consideration of the Petition for Supplementary Relief in Aid of Execution pursuant to PA.R.C.P. 3118 to Confirm Sale, Nunc Pro Tunc, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, and his wife, Kim R. Fishel, to show cause why the relief requested should not be granted; 2. The Defendant and, Kim R. Fishel will-file an answer on or before January 10,2007. The Prothonotary is directed to fOlWard said Answer to this Court; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ~-t. J. M. L. Ebert, Jr., Daniel G. Schmieg, Esquire Attorney for Plaintiff John E. Fishel, Sr. Defendant bas ,"':-::t " /(b --~,-,.; (.~. fF''ti ,j ~f ~,' j By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1, 2002 A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO.: 05-4692 CUMBERLAND County John E. Fishel, Sr. Defendants CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certifY that true and correct copy of the attached Rule to Show Cause dated December 26,2006 regarding Plaintiffs Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3 118 to Confirm Sale and Divest Interest, was served upon the following: John E. Fishel, Sr. and Kim R. Fishel: 438 Water Street New Cumberland, P A 17070 and 795 Stillhouse Road Etters, P A 17319 By: J.D. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff Dated: 1- 2- - () r VERIFICA TION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the fC)l'cgoing Pctition to Make Rule Absolute are true and correct to the best of his knowledge, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification of authorities. Date: January 5. 2007 Res pe c t full y s u b]~~j,lied."" --.__.--..., PIlELANHA~AN&SCH~~ ~._--- , , "-..."", ------- , ". -..-........,. ,~.,"- ~~nie~ G. Seh~:~;~ LD. 62205 One Penn Center Plaza Suite l400 Philadelphia, PAl 9103 Attorney for Plainti IT :---) ) ..., .-~ ~ 1- iil .,.." ~) d<) ---' (". --! ; , ) L. By: DANIEL G. SCHMIEG, ESQUIRE Atty. J.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December I, 2002 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO,: 05-4692 CUMBERLAND County John E. Fishel, Sr, Defendants CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copy of the attached Rule to Show Cause dated December 26,2006 regarding Plaintiff's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sale and Divest Interest, was served upon the following: John E. Fishel, Sf. and Kim R. Fishel: 438 Water Street New Cumberland, P A 17070 and 795 Stillhouse Road Etters, PA 17319 Dated: 1- z- - 0 r By: LD. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P ^ 19103 Attorney for Plaintiff "> t-:-:> <":::; --.J L :.c.,.<n :Z o ., =c! rn :JJ , -elm :~~~ .~:-~ I:"'~ 6i"n :--J J,:..... ::t~ -< :!? N .. .c:- ) JAN 1 J 2007!d/ PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. J.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 A TTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-0, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1, 2002 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-4692 Plaintiff Cumberland County, Pennsylvania v. John E. Fishel, Sr. Defendant ORDER "C\ AND NOW, this 11.: day of ~ u,V\ ,2007, upon consideration of Plaintiffs Petition to Make Rule Absolute it is hereby ORDERED and DECREED that the Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 to Confirm Sale and Divest the Interest of Kim R. Fishel in the property located at 438 Water Street, City of New Cumberland, Commonwealth of Pennsylvania, Nunc Pro Tunc, shall be and is hereby made absolute and Plaintiffs Petition is GRANTED, \. 1- ~~~\ J. Cc: Daniel G. Schmieg, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ~ ~ I. -;):l.tJ/ John E. Fishel, Sr. and Kim R. Fishel: ~ IJ 438 Water Street ~ New Cumberland, P A 17070 And 795 Stillhouse Road Etters, P A 17319 \il:\:V/'\l,~ (~i',ll~=1"1 i i~ (""'l';':.,,:.' .. ,....,;, "'-'~;::'~Inf"\ '\-Ll\~ )!'"1 ,!-~~""~-',J~I"~'J 8 I :01 H\1 22 NVr tOOZ .. " '1'-" I"' '1'" 1 ' ~tHl .JO Ab\l Ui',U;; UUG j ;;.t 3:Ji~:.IO~Q3llj PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. LD. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities Inc. Series 2002-D, Asset Backed Pass-Through Certificates, Under the Pooling & Servicing Agreement Dated as of December 1, 2002 Plaintiff v. John E. Fishel, Sr. Defendant ATTORNEY FOR PLAINTIfF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-4692 Cumberland County, Pennsylvania CERTIFICATE OF SERVICE I hereby certifY a true and correct copy of the foregoing Motion to Make Rule Absolute was served by regular mail upon the following: John E, Fishel, Sr. and Kim R. Fishel: 438 Water Street New Cumberland, P A 17070 and 795 Stillhouse Road Etters, PA 17319 Date: January 5, 2007 ,._._..._..__._...~ Respectfully ~tted, PHELAN l~LLlNAN & SC!lcMmG, LLl' '" " ~--.::-----'--' By' .\ ~ Da~iel b, Sc ., -:s;~ LD. 62205 One Penn Center Plaza Suite 1400 Philadelphia, P A 19103 Attorney for Plaintiff (") <;;; ~~",. iC ~~; ~;:.. .Y r..:l = ':3 <- ~ ~ - ~ :;;;.: r::; .' ~ ~ m~ -om -ot? (~9i ",,- n (~) () '?"rn b ...-1 ~ ~ (,,)1