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HomeMy WebLinkAbout06-4730 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 137052 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER I, 2005 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ex. -.1./1 ~O (!.t~o~Ll<C/L~ CUMBERLAND COUNTY Plaintiff v. DEBRA L. KAUFFMAN AfKJA DEBRA L. MILLER AfKJ A DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 25 ALTERS ROAD CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE . You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referr41 Service Cumberland County Iilar Association 32 South Bedfqrd Street Carlisle, PA'17013 (800)990-9108 File #: 137052 File #; 137052 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. S ~692 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. I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2005 505 CITY P ARKW A Y WEST SUITE 100 ORANGE, CA 92868 2. The name( s) and last known address( es) ofthe Defendant( s) are: DEBRA L. KAUFFMAN AfKJA DEBRA L. MILLER AfKJA DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 25 ALTERS ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/13/2005 mortgagor DEBRA L. KAUFFMAN NKJ A DEBRA L. MILLER NKJ A DEBRA L. SCHOCK 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: 1916, Page: 1672. 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 03/01/2006 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. F;le #: 137052 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 08/16/2006 (Per Diem $36.32) Attorney's Fees Cumulative Late Charges 07/13/2005 to 08/16/2006 Cost of Suit and Title Search Subtotal $130,893.33 7,155.04 1,250.00 345.25 $ 550.00 $ 140,193.62 Escrow Credit Deficit Subtotal TOTAL 18.20 0.00 $- 18.20 $ 140,175.42 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 Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in W!! Judgment against the Defendant(s) in the sum of $ 140,175.42, together with interest from 08/16/2006 at the rate of $36.32 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. LINAN & SCHMIE~ By: Mr neis ~u? ~ Ch( - LAWRENCET. PHELAN, ESQUIRE FRANCIS S. lIALLINAN, ESQUIRE Attornhs for Plaintiff File #: 137052 LEGAL DESCRIPTION ALL that certain tract ofland with the improvements thereon erected situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows according to a survey made by T. Elliott Middleton, Registered Surveyor, in May 1957. BEGINNING at a nail in the center of the public road leading tom the Meadowbrook public road to Heishman's Mill; thence along lands now or formerly of A.J. Blanchard, et UX, by the West face of a stone wall, North 23 degrees East, a distance of 125.2 feet to a stone pillar; thence along same, Norlh 28 degrees 45 minutes East, a distance of 85 feet to an iron pipe at the low water line of the Conodoquinet Creek; thence by said low water line, North 74 degrees 30 minutes West 68 feet, more or less, to a point; thence along land now or formerly of William T. Hertzler, et UX, South 59 degrees 45 minutes West III feet to a stake; thence still along same, SQuth 19 degrees 45 minutes West 134.8 feet to a nail in the center of the public road above described; thence by the center of said public road, South 72 degrees 15 minutes East, a distance of 118.5 feet to a nail, the Place of BEGINNING. BEING No. 25 Alters Road. I CONTAINING 0.60 acres, more or less and being improved with a dwelling house known as 25 Alters Road, Carlisle. SUBJECT to certain Building and Use Restrictions. Parcel #46-18-1384-008 BEING THE SAME PREMISES which Terry L. Miller, granted and conveyed to Debra L. Miller, by deed dated December 29,2000 in the Recorder of Deeds in and for Cumberland County, PA in Record Book 238, Page 793, and recorded on January 30, 2001. File #: 137052 VRRmrrATION 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 on 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 his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -b)~ ""\tl..\~ DATE: ""'I FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~ ~ 8 1 \ l1'\ V1 ...., ~ () gs d c: ~ ~~ CrI ;: ~ "\JCJ :B~ rr~ r- " CD - N ~f::'. "I;} ...J ~ 0? ' .....J q<.f1 ~ ~ 2f> ::-2. -1 ~ "L._ ~ 2~ '.:-- I'-'~ ~ Z-C-'j <2 S\ ~ ':i>c ~ 3- (.)"\ "p . . Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R8 Under the Pooling and Servicing Agreement dated as of September 1, 2005 COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY Debra L. Kauffman a/k/a Debra L. Miller a/k/a Debra L. Schock David E. Schock Richard L. Kauffman NO. 06-4730-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Debra L. Kauffman a/k/a Debra L. Miller a/k/a Debra L. Schock, David E. Schock and Richard L. Kauffman, by first class mail and certified mail to the mortgaged premises, 25 Alters Road, Carlisle, P A 17013, and in support thereof avers the following: 1. Attempts to serve Defendants, Debra L. Kauffman a/k/a Debra L. Miller a/k/a Debra L. Schock, David E. Schock and Richard L. Kauffinan, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 25 Alters Road, Carlisle, P A 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendants moved to Perry County. However, the Post Office was unable to provide a forwarding address for the Defendants. 2. Plaintiff as well as their investigation company was unable to locate a new address in Perry County. Plaintiff searched numerous internet sites including, lexisnexis.com, switchboard. com and 411.com, but could not the whereabouts of the Defendants. 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of September 26, 2006 to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ;;~?~ Danle G. Schmieg, Esquire Attorney for Plaintiff Date: September 26,2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R8 Under the Pooling and Servicing Agreement dated as of September 1, 2005 vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-4730-Civil Term Debra L. Kauffinan a/k/a Debra L. Miller aJk/a Debra L. Schock David E. Schock Richard L. Kauffman MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infonnation Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. I "-- . . As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~~ Daniel . . - c. leg, - squire Attorney for Plaintiff Date: September 26, 2006 Exhl bit A SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2006-04730 P COMMONTWEALTH OF PENNSYLVANI~ COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KAUFFMAN DEBRA L AKA DEBRA L MILLER AKA DEBRA L SCHOCK but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KAUFFMAN DEBRA L AKA DEBRA L MILLER AKA DEBRA L SCHOCK 25 ALTERS ROAD CARLISLE, PA 17013 PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.40 5.00 10.00 .00 37.40 So ans .' hO./ ine/' Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/06/2006 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04730 P COMMONTWEALTH OF PENNSYLVANI~ COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SCHOCK DAVID E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SCHOCK DAVID E 25 ALTERS ROAD CARLISLE, PA 17013 PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 s~~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/06/2006 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04730 P COMMONTWEALTH OF PENNSYLVANI~ COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KAUFFMAN RICHARD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KAUFFMAN RICHARD L 25 ALTERS ROAD CARLISLE, PA 17013 PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 s ,,- ~ .-/' ----- .../. ~ - . R . Thom~s K in'e Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/06/2006 Sworn and Subscribed to before me this day of A.D. Exhibit B ,..., FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 137052 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman Current Address: 25 Alters Road, Carlisle, P A 17013 Property Address: 25 Alters Road, Carlisle, P A 17013 Mailing Address: 25 Alters Road, Carlisle, P A 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Debra 1. Kauffman - 207-44-xxxx David Eugene Schock - Not Available Richard Lee Kauffman -159-66-xxxx B. EMPLOYMENT SEARCH Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman reside(s) at: 25 Alters Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman. B. On 06-23-06 our office made a telephone call to the phone number (717) 960-9611 and received the following information: spoke with an unidentified female who confirmed that Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman reside(s) at: 25 Alters Road, Carlisle, PA 17013. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-23-06 we reviewed the National Address database and found the following information: Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman - 25 Alters Road, Carlisle, P A 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. ...",r IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-23-06 Vital Records and all public databases have no death record on file for Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman. B. COUNTY VOTER REGISTRATION The county voter registration was able to confirm a registration for Debra 1. Kauffman, David Eugene Schock, & Richard Lee Kauffman residing at: 25 Alters Road, Carlisle, P A 17013. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATEOFBIRTH Debra 1. Kauffman - 03-09-1969 David Eugene Schock - Not Available Richard Lee Kauffman - Not Available B. A.K.A. Debra 1. Miller * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.5. Sec. 4904 relating to unsworn falsification to authorities. E~~J~ ~~ AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 23rd day of June, 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICA TION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~u~ Attorney for Plaintiff Date: September 26,2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff COURT OF COMMON PLEAS Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R8 Under the Pooling and Servicing Agreement dated as of September 1, 2005 CIVIL DIVISION Vs. Debra L. Kauffman aJkJa Debra L. Miller aJkJa Debra L. Schock David E. Schock Richard L. Kauffman CUMBERLAND COUNTY NO. 06-4730-Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Debra L. Kauffman a/k/a Debra L. Miller a/k/a Debra L. Schock, David E. Schock & Richard L. Kauffman at: 25 Alters Road Carlisle, P A 17013 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. By: Daniel , Attorney for Plaintiff Date: September 26, 2006 ('l i~;~; ~ -< .;,.. r-,.) ~ ~ .-t :r:.." rnp -om -;JrJ '") T r:~~s~ 'jc"') ':':m ~ ~ =< (/) C~; N -.I :::- ~.. -- '2 <..n PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPIDA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 Plaintiff A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DEBRA L. KAUFFMAN AlKJA DEBRA L. MILLER AlKJA DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN No. 06-4730-CIVIL TERM Defendants PRAECIPE TO REINSTATE CML ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP BY:~ 5 /J-.U "- F NCIS S. HALLINAN, ESQUIRE LA WRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: September 26. 2006 /jrnr, Svc Dept. File# 137052 l"-,) = = <::n C/) p, -0 N ........! o ." ~ rn:D I -0 ill :py .~.~ C\ ~~ -( ~ -< ~ -''''''1'' -J;.. o Ul ~- ... SHERIFFIS RETURN - NOT FOUND CASE NO: 2006-04730 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KAUFFMAN DEBRA L AKA DEBRA L MILLER AKA DEBRA L SCHOCK but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the withi.n named DEFENDANT , KAUFFMAN DEBRA L AKA DEBRA L MILLER AKA DEBRA L SCHOCK 25 ALTERS ROAD CARLISLE, PA 17013 PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.40 5.00 10.00 .00 37.40 ./ ~ q/J1/0L,. So ans . ~// ine -- Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/06/2006 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04730 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SCHOCK DAVID E but was unable to locate Him In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SCHOCK DAVID E 25 ALTERS ROAD CARLISLE, PA 17013 PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 v' Q>>, C;/J{{u~ Subscribed to before .-:;7 s~.. answers' .. __~--_....--------~_.~_... ::~ /~ ~=- /_-::::;..-- ~ ,- / --/ R. Thomas Kl yne Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/06/2006 Sworn and me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04730 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KAUFFMAN RICHARD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 25 ALTERS ROAD CARLISLE, PA 17013 , NOT FOUND , as to , KAUFFMAN RICHARD L PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge Sworn and 6.00 .00 5.00 10.00 .00 21.00/" ~ ql11 )DIt Subscribed to before me this day of A.D. R. Thomas Kine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/06/2006 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 137052 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER I, 2005 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O~ -1./13D CUMBERLAND COUNTY Gvd~~'t~ Plaintiff v. DEBRA L. KAUFFMAN A/KJ A DEBRA L. MILLER A/KJ A DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 25 ALTERS ROAD CARLISLE, PA 17013 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM A TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral Service TRUE copy CROM RECOADmberland County Bar Association In Testirnonyv.r .}~~.\O set my haoo 32 South Bedford Street , d th -~.. . ,. lisle n Carlisle, PA 17013 an e ~ :~J ... ~--ar , rll. (800)990-9108 ThlR ~ ~y ." '/2 ~ "- Pr '1/ ..,'1 onotary File #: 137052 File #: 137052 IF THIS IS THE FffiST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 V.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 VS 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 HA VE 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. Pla:intiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name( s) and last known address( es) of the Defendant( s) are: DEBRA L. KAUFFMAN AfKJ A DEBRA L. MilLER AfKJ A DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 25 lliTERS ROAD CARLISLE, P A 170 13 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/13/2005 mortgagor DEBRA L. KAUFFMAN AfKJ A DEBRA L. MILLER AfKJ A DEBRA L. SCHOCK 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: 1916, Page: 1672. 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 03/0112006 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 #: 137052 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0112006 through 08/16/2006 (Per Diem $36.32) Attorney's Fees Cumulative Late Charges 07/13/2005 to 08/16/2006 Cost of Suit and Title Search Subtotal $130,893.33 7,155.04 1,250.00 345.25 $ 550.00 $ 140,193.62 Escrow Credit Deficit Subtotal - 18.20 0.00 $- 18.20 TOTAL $ 140,175.42 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 Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8_ Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency _ 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 140,175.42, together with interest from 08/1612006 at the rate of $36.32 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_ IJNa:;:~r~OK . Dy: JslFrancis . Hallinan ~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137052 LEGAL DESCRIPTION t ALL that certain tract of land with the improvements thereon erected situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows according to a survey made by T. Elliott Middleton, Registered Surveyor, in May 1957. BEGINNING at a nail in the center of the public road leading from the Meadowbrook public road to Heishman's Mill; thence along lands now or formerly of A.J. Blanchard, et ux, by the West face of a stone wall, North 23 degrees East, a distance of 125.2 feet to a stone pillar; thence along same, North 28 degrees 45 minutes East, a distance of 85 feet to an iron pipe at the low water line of the Conodoquinet Creek; thence by said low water line, North 74 degrees 30 minutes West 68 feet, more or less, to a point; thence along land now or formerly of William T. Hertzler, et ux, South 59 degrees 45 minutes West III feet to a stake; thence still along same, South 19 degrees 45 minutes West 134.8 feet to a nail in the center of the public road above described; thence by the center of said public road, South 72 degrees 15 minutes East, a distance of 118.5 feet to a nail, the Place of BEGINNING. BEING No. 25 Alters Road. CONTAINING 0.60 acres, more or less and being improved with a dwelling house known as 25 Alters Road, Carlisle. SUBJECT to certain Building and Use Restrictions. Parcel #46-18-1384-008 BEING THE SAME PREMISES which Terry L. Miller, granted and conveyed to Debra L. Miller, by deed dated December 29,2000 in the Recorder of Deeds in and for Cumberland County, PA in Record Book 238, Page 793, and recorded on January 30,2001. File #: 137052 , VERlFTrA TTON 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 on 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 his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1JleL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff nr-\ \ \.,1 c\,. DATE: ~ \ E I :(: d L I ~nv QOOl ~ " .:!.=11::1... . . <(' ,...... DEUTSCHE BANK NATIONAL TRUST COMPANY, as TRUSTEE OF AMERIQUEST MORTGAGE SECURITES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DEBRA L. KAUFFMAN AlK1A DEBRA L. MILLER AlK1A DEBRA L. SCHOCK DAVID E. SCHOCK AND RICHARD L. KAUFFMAN DEFENDANTS : 06-4730 CIVIL ORDER OF COURT AND NOW, this 3rd day of October, 2006, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, Debra L. Kauffman, a/kla Debra L. Miller, a/kla Debra l. Schock, David E. Schock and Richard l. Kauffman, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Debra l. Kauffman, a/kla Debra L. Miller, a/kla Debra l. Schock, David E. Schock and Richard l. Kauffman by posting a copy of the Complaint upon the premises, 25 Alters Road, Carlisle, PA 17015; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known address at 25 Alters Road, Carlisle, PA 17015; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; ,-, ,--- 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, ~1.~ M. L. Ebert, Jr., J. ~iel G. Schmieg, Esquire Attorney for Plaintiff ~ Cumberland County Sh~ve bas I ~ 'v'll\"//\ -j), Si"fN3d i I ~ i(~.~ .~. , "'i' ""'_~""()'" 'u/\, i'. .... " '.,. 'i vi IV 2g:/ Hd C-1J090llZ AtJ'y'1 U\(j'.i j O::d :JHl ::f0 - -;---;~J~n--{P7""lu ;:;;'_-1.._ '-,,:1 ::J PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DEBRA L. KAUFFMAN NKIA DEBRA L. MILLER NKI A DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendants No. 06-4730-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: ~ 5. IJJj . F NCIS S. HALLINAN, ESQUIRE LA WRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: October 23, 2006 /jmr, Svc Dept. File# 137052 g -". "'- "'0 i,'c' rr: ii 2';1 Zl ~::~ ~;~, ~~{ -~~;- ~ ~ = <:::> C" o C) --t N ~ ;;: ...;;p.. '2 ,f:"' ~ ~""11 fl. f'" -'QIQ -;,,0 :;-~-:'\ \ f~~~. cSrn --'-\ ~ ~ , PHELAN HALLINAN & SCHMIEG LLP ..... '~y: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. 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., Asset Backed Pass Through Certificates, Series 2005-R8 Under the Pooling and Servicing Agreement dated as of September 1, 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY vs. Debra L. Kauffman alk/a Debra L. Miller, alk/a Debra L. Schock David E. Schock Richard L. Kauffman Defendants : NO. 06-4730-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Debra L. Kauffman a/k/a Debra L. Miller, a/k/a Debra L. Schock and David E. Schock and Richard L. Kauffman at 25 Alters Road, Carlisle, P A 17013, on 10 /2.._ll? J ~ 2006, in accordance with the Order of Court dated October 3. 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: October 23.2006 ~ . 5. /JJ1 - - F NCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff f' .71b~ 3901 9849 6942 0066 TO: DAVID E. SCHOCK 25 ALTERS ROAD CARLISLE, PA 17013 SENDER: JMR REFERENCE: PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees us Postal Service Receipt for Certified Mail No Insurance Co\Ierage Provided Do Not Use for International Mail ,,' ;, ~,: ~ ~ ,~ ,-;7: ~ POSTMARK Oz~~ I i!~, ~:i>':~j,S. t \. "~'( ~. //'~.:'~P'- ~ "';,J' ~~ I: ~': ~-,,--_~~'_-::--:--::-:.-:w:---:.-;r..,~.;;~~~,~~_~,,~;- WJ!!."""-:-~';;"""k_ 7160 3901 9849 6942 .0059 TO: RICHARD L KAUFFMAN 25 ALTERS ROAD CARLISLE, PA 17013 SENDER: JMR REFERENCE: PS Form 3800 Janua 2005 RETURN Postage RECEIPT . SERVICE Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees us Postal Service Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail 7160 3901 9849 6942 0073 TO: DEBRA L KAUFFMAN A/KJ A DEBRA L MILLER . A/KJA DEBRA L SCHOCK 25 ALTERS ROAD CARLISLE, P A 17013 SENDER: JMR REFERENCE: PS Form 3800 Janua 2005 RETURN Postage RECEIPT . SERVICE Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees us Postal Service Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail ;': '-,: .,\; ~~ , o}i 8 r--~ c:-:> c:::> c.r ~~ ~-:,.-- I N () ..., .-\ -t-n rile ".,,1-'-' ~1."jC;: . '1 f:-"" . .~~ ';;..~.;.~ 9 :)~ t'~; I:::::', ):- ~,O :-< (-",J o Ol- -1../'13 c (!,~(.),L J~ PROOF OF ~UBLICATION OF NOTICE IN CUMB RLAND LAW JOURNAL (Under Act No. 587 approved May 16, 1929), P. L.1784 I I I COMMONWEALTH OF PENNSYL t ANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and , State aforesaid, being duly sworn, accotding 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, an4 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 November 3, 2006 I I I I I I I Affiant further deposes that he ~s 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 adrertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this -Ldayof November, 2006 NOTARiAl SEAl LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5, 2009 tJ .. . RLAND LAW JOURNAL NOTICE OF ACTIO IN MORTGAGE FOREC SURE In the Court of Common Pleas of Cumberland County, Pe sylvania Civil Action-La I NO. 06-4730-Civil '7rm Deutsche Bank Natio Trust Company, as Trust of Ameriquest Mortgage Se urities, Inc. Asset Backed Pass ough Certificates. Series 2 5-R8 Under the Pooling and rvicing Agreement dated a of September 1, 20 5 vs. Debra L. Kauffman a/k a Debra L. Miller a/k/a Debra Schock, DaVid E. Schoc Richard L. Kauff: NOTICE TO: Debra L. Rau Debra L. Mill Debra L. Schock E. Schock and Kauffman, You are hereby notift that on August 17. 7006, Plain iff, Deu- stsche Bank National st Com- pany, as Trustee of eriquest Mortgage Securities. I c. Asset Backed Pass Through C rtlficates. Series 2005-R8 Under e Pooling and ServiCing Agreemen dated as of September 1, 2005. m d a Mort- gage Foreclosure Com laint en- dorsed with a Notice t Defend, against you in the Cou of Com- mon Pleas of Cumber! d County Pennsylvania. docket d to No. 064730-Civil Term. Whe ein Plain- tiff seeks to foreclose on the mort- gage secured on your p operty lo- cated at 25 Alters Roa , Carlisle, PA 17013 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a Written appearance person- ally or by attorney and me your de- fenses or objections in Writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNlY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Nov. 3 24 . . PUBLICA TION State of Pennsyl ania, County of Cumberland Tamm Shoemaker Classified Adve tisin Mana er, of The Sentinel, of the County and State aforesaid, being duly swo , deposes and says that THE SENTINEL, a newspaper of general circulation in t e Borough of Carlisle, County and State aforesaid, was established December 3th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the ollowing day(s) October 27, 2006 COpy OF NOTICE OF PUBLICA TI N Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ~~+~ Sworn to and subscribed before me this 31st. day of October 2006. C'-lwAa/lP" If. (~ Notary Pub My commission expires:q/t I ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdfe, Notary Public Carlisle 8010, cumbel1and County My Commission Expires Sept. 1, 2008 Member, Pennsylvania Association 01 Notaries o c: ~ "'tIlT) rrtrn ~t~' U~d:.' ...t,,,, r:: ~8 )> (~: z :< I") = = c:;r. :z: o ....::: N \.0 -0 :x N .. ~ :~. e3~~ eB~ 2m ~ ~ o o SHERIFF'S RETURN - REGULAR ... . "CASE NO: 2006-04730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN DEBRA L AKA DEBRA L MILLER AKA DEBRA L SCHOCK the DEFENDANT , at 1021:00 HOURS, on the 25th day of October ,2006 at 25 ALTERS ROAD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 25 ALTERS ROAD CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 6.00 10.00 .00 38.40V/ ~. II/Or,!b(. 7;P'~~-<. ~--R R. Thomas Kline 10/27/2006 PHELAN HALLINAN Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR .. . .CASE NO: 2006-04730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHOCK DAVID E the DEFENDANT , at 1021:00 HOURS, on the 25th day of October ,2006 at 25 ALTERS ROAD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 25 ALTERS ROAD CARLISLE 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 Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00/ III O~J0~ r~~-, R. Thomas Kline ~ 10/27/2006 PHELAN HALLINAN Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR .CASE NO: 2006-04730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS KAUFFMAN DEBRA L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN RICHARD L the DEFENDANT , at 1021:00 HOURS, on the 25th day of October 2006 at 25 ALTERS ROAD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 25 ALTERS ROAD CARLISLE 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 Posting Surcharge 6.00 .00 6.00 10.00 .00 22.00/' ~ /J/D~/b' So Answers: r~~ R. Thomas Kline 10/27/2006 PHELAN HALLINAN Sworn and Subscibed to By: before me this day of A.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. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 505 CITY P ARKW A Y WEST, SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4730 Plaintiff, v. DEBRA L. KAUFFMAN AlKlA DEBRA L. MILLER AIKIA DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 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 DEBRA L. KAUFFMAN AlK/A DEBRA L. MILLER AlK/A DERA L. SCHOCK and DAVID E. SCHOCK AND RICHARD L. KAUFFMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for F orec1osure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/17/06 to 12/13/06 TOTAL $140,175.42 $4322.08 $144,497.50 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown ve, and (2) that notice has been given in accordance with Rul 7.1, attached. DAMAGES ARE HEREBY ASSESSED AS INDICA~ .~ DATE:]Xr /~ ;1.00& ~ 7 PR PRO THY 137052 - 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 1617 JFK Boulevard, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 06-4730-CIVIL TERM Vs. DEBRA L. KAUFFMAN NKJA DEBRA L. MILLER NKJA DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendants fILE COpy TO: RICHARD L. KAUFFMAN 25 ALTERS ROAD CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBER 27. 2006 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 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 1617 JFK Boulevard, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2005 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 06-4730-CIVIL TERM Vs. DEBRA L. KAUFFMAN NKIA DEBRA L. MILLER NKIA DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendants FILE COPl TO: DEBRA L. KAUFFMAN AIKIA DEBRA L. MILLER AIKIA DEBRA L. SCHOCK 25 ALTERS ROAD CARLISLE, P A 17013 DATE OF NOTICE: NOVEMBER 27. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS : CIVIL DIVISION THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT : CUMBERLAND COUNTY DATED AS OF SEPTEMBER 1,2005 Plaintiff : NO. 06-4730-CIVIL TERM Vs. DEBRA L. KAUFFMAN AlK/A DEBRA L. MILLER AIK/ A DEBRA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendants FILE COpy TO: DAVID E. SCHOCK 25 ALTERS ROAD CARLISLE, PA 17013 DATE OF NOTICE: November 27. 2006 THIS FIRM IS A DEBT COLLEcrOR ATTEMPTING TO COLLEcr 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 COLLEcr A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 , . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 505 CITY P ARKW A Y WEST, SUITE 100 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4730 v. DEBRA L. KAUFFMAN AlKlA DEBRA L. MILLER AlKlA DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~r 'i> 200'- By: If you have any questions concerning this matter, please contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." . . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 505 CITY PARKWAY WEST, SUITE 100 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4730 v. DEBRA L. KAUFFMAN A/KJA DEBRA L. MILLER A/KJA DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 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 DEBRA L. KAUFFMAN A!KIA DEBRA L. MILLER A!KIA DERA L. SCHOCK is over 18 years of age and resides at , 25 ALTERS ROAD, CARLISLE, P A 17013 . (c) that defendant DAVID E. SCHOCK is over 18 years of age, and resides at , 25 ALTERS ROAD, CARLISLE, P A 17013. (d) that defendant RICHARD L. KAUFFMAN is over 18 years of age, and resides at, 25 ALTERS ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. c ~ (:.) ..ttJ.. l ~ . 1- 0 () ~ -.. ~ -rJ ~ ~ ~ ?? r ~ c: ~ (lr ~ C'"' ( ~ );:.,:, o g ~~ ~; ~ :? I," r'T"1 {i1~ c-~ i"\", a; 'f. -, -*\, ~>~ ;f~ r~~ ~~.c::'\ ~ o =< C1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4730 v. DEBRA L. KAUFFMAN A/K1A DEBRA L. MILLER A/K1A DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN 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. --~....,.-< "~ . , "'7'1 r-) r:::~7 ,-) f',) C:.; h,) ( )'~ ~ DEUTSCHE BANK NATIONAL TRUST ... COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2005 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4730 v. DEBRA L. KAUFFMAN AlKJA DEBRA L. MILLER AlKJA DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC. ASSET BACKED PASS THROUGH CERTIFICATES. SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1.2005, 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 .25 ALTERS ROAD, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBRA L. KAUFFMAN AlK/A DEBRA L. MILLER AlK/A DERA L. SCHOCK 25 ALTERS ROAD CARLISLE, P A 17013 DAVID E. SCHOCK 25 ALTERS ROAD CARLISLE, P A 17013 RICHARD L. KAUFFMAN 25 ALTERS ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment 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 25 ALTERS ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, 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 uns falsific' ~to authorities. December 13.2006 DATE 1'-.:> c::J c:..:::. <.:r. (:') '~1 ("':J ,. , (-j 0.' C_l r-,.) c, 'I DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 Plaintiff, CUMBERLAND COUNTY No. 06-4730 v. DEBRA L. KAUFFMAN AlKJA DEBRA L. MILLER AlKJA DERA L. SCHOCK D-\Vm E. SCHOCK R~' n -\RD L. KAUFFMAN Defendant(s). December 13,2006 TO: DEBRA L. KAUFFMAN AlK/A DEBRA L. MILLER AlK/A DERA L. SCHOCK 25 ALTERS ROAD CARLISLE, PA 17013 DAVID E. SCHOCK RICHARD L. KAUFFMAN 25 ALTERS ROAD CARLISLE, P A 17013 25 ALTERS ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTlNG 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 LIEN AGAINST PROPERTY. ** Your house (real estate) at. 25 ALTERS ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $144.497.50 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES. INC. ASSET BACKED PASS THROUGH CERTIFICATES. SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1. 2005 (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 MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. .; 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may u the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 , certain tract of land with the improvements thereon erected situate in the Township of West , County of Cumberland and State of Pennsylvania, bounded and described as follows 1.0 a survey made by T. Elliott Middleton, Registered Surveyor, in May 1957. r, ,fNG at a nail in the center of the public road leading from the Meadowbrook public road to ! ", 'n;~ Mill; thence along lands now or formerly of AJ. Blanchard, et ux, by the West face of a \!I all, North 23 degrees East, a distance of 125.2 feet to a stone pillar; thence along same, North 45 minutes East, a distance of 85 feet to an iron pipe at the low water line of the ruet Creek; thence by said low water line, North 74 degrees 30 minutes West 68 feet, more d point; thence along land now or formerly of William T. Hertzler, et ux, South 59 degrees Hies West 111 feet to a stake; thence still along same, South 19 degrees 45 minutes West 134.8 a >1:.,iI in the center of the public road above described; thence by the center of said public road, ,.oh 72 degrees 15 minutes East, a distance of 118.5 feet to a nail, the Place of BEGINNING. '\iT AINING 0.60 acres, more or less and being improved with a dwelling house known as 25 " Road, Carlisle. '.\lING the same premises conveyed by Debra L. Miller nIkIa Debra L. Kauffman, by Deed dated 5,2005, and recorded July 28, 2005, in the Office of the Recorder of Deeds in and for l.:dand County in Record Book 270, Page 485, to Debra L. Kauffman, Grantor herein. i"ARCEL IDENTIFICATION NO: 46-18-1384-008 ,.;mses: 25 Alters Road, Carlisle, PA 17013 West Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER . ;JIE TO SAID PREMISES IS VESTED IN David Eugene Schock, Jr. and Debra L. Schock, and and wife and Richard Lee Kauffman, single adult individual, by Deed from Debra L. \ ;tIman, now by marriage Debra L. Schock, married woman, dated 06/02/2006, recorded 16/08/2006, in Deed Book 275, page 46. (-' ~ .J -c-- ..-- C:l ,. , " , l-) r,,) C;) ('-J ~h ::;:! t',) (.;'1 ,U,. - DESCRIPTION ALL that certain tract ofland with the improvements thereon erected situate in the Township ofW Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows according to a survey made by T. Elliott Middleton, Registered Surveyor, in May 1957. BEGINNING at a nail in the center of the public road leading from the Meadowbrook public road (0 Heishman's Mill; thence along lands now or formerly of A.J. Blanchard, et ux, by the West face of stone wall, North 23 degrees East, a distance of 125.2 feet to a stone pillar; thence along same, Nil" 28 degrees 45 minutes East, a distance of 85 feet to an iron pipe at the low water line of the Conodoquinet Creek; thence by said low water line, North 74 degrees 30 minutes West 68 feet, me:) or less, to a point; thence along land now or formerly of William T. Hertzler, et ux, South 59 degr:. 45 minutes West 111 feet to a stake; thence still along same, South 19 degrees 45 minutes West feet to a nail in the center of the public road above described; thence by the center of said public re~l\l South 72 degrees 15 minutes East, a distance of 118.5 feet to a nail, the Place of BEGINNING. CONTAINING 0.60 acres, more or less and being improved with a dwelling house known as 2"; Alters Road, Carlisle. BEING the same premises conveyed by Debra L. Miller nlk/a Debra L. Kauffman, by Deed dato. ' July 15,2005, and recorded July 28, 2005, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 270, Page 485, to Debra L. Kauffman, Grantor herein. PARCEL IDENTIFICATION NO: 46-18-1384-008 Premises: 25 Alters Road, Carlisle, P A 17013 West Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Eugene Schock, Jr. and Debra L. Schock. husband and wife and Richard Lee Kauffman, single adult individual, by Deed from Debra L. Kauffinan, now by marriage Debra L. Schock, married woman, dated 06/02/2006, recorded 06/08/2006, in Deed Book 275, page 46. ~, ~~(\ u ---------- , , , \' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, No. 06-4730 SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2005 Plaintiff, v. DEBRA L. KAUFFMAN A/K1A DEBRA L. MILLER A/K1A DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $144,497.50 I Interest from 12/13/06 to 6/13/07 (per diem -$23.75) $4,322.50 and Costs TOTAL $152,183.79 Add'l fees MIEG, ESQ er at Suburban ation 1617 John F. ennedy Boulevard, Suite 1~i Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction r plaintiff. It may not be sold in the absence of a repres~1 the plaintiff at the Sheriff's Sale. The sale must be po~ I stayed in the event that a representative of the plainti!i present at the sale. 1J- ~~ OZ ~~ :;~ i~ ~~ ~~~ uz ~O 00 ~u ~~ o~ u~ s~ ~~ ~o u ~ r:.6' ~ ~ r;n f:a=~ ~ o ~g~ ~ ~~?;20~~~ Oo~ '"-'~ ~~u=~ut :$~~~.s~ ,c..,~r;n II) r;n Or;n~r;ng~~ E:O~~N~O ~~-<~r;n~r;n Z~~~~Z-<II) ~~~~S~~~ ~~Our;n~~...; ~Z~~r:.6'~~ ~~~~~~~ =~r;n~~0~ U;E~~~OZ r;n0j:;;)r;n......~~ ~uO'r;ns~~ ~ ?;2jf:S~ ~ ~Z~ ~ ~'"-'~ ~ ~ ~ u e r;n, .J ~Z ~i ~3 ~. ~~ ~~ ~a ~ ~~ ~~ ~~ ~~ ~g ~a zr;n i~ ~s ~~ .J ~ ~ ~ ~ Z o '"-' ~ o u ~E' ~= ~ ~ OCj ~ e QZ~ ~t ~ C'$ or ~ Q ~6 o i -0 ~ ..... ;r; ~~ "'"' "'"' == 1'1' ..... "'"' ~~ r-r ~~ ~~ ~~ ~ u~ ~ od ~~ r;nr;n ~~ ~~ ~~ ~~ 11)11) NN -ci e ~ en ~ J::i ~ S N In o t'-. (") ..... in en ~ '1:j < fi ~ 0.. ~ ,J,.j ~ ~ ... . . \.' DESCRIPTION ALL that certain tract ofland with the improvements thereon erected situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows according to a survey made by T. Elliott Middleton, Registered Surveyor, in May 1957. BEGINNING at a nail in the center of the public road leading from the Meadowbrook public road to Heishman's Mill; thence along lands now or formerly of A.J. Blanchard, et ux, by the West face of a stone wall, North 23 degrees East, a distance of 125.2 feet to a stone pillar; thence along same, North 28 degrees 45 minutes East, a distance of 85 feet to an iron pipe at the low water line of the Conodoquinet Creek; thence by said low water line, North 74 degrees 30 minutes West 68 feet, more or less, to a point; thence along land now or formerly of William T. Hertzler, et ux, South 59 degrees 45 minutes West 111 feet to a stake; thence still along same, South 19 degrees 45 minutes West 134.8 feet to a nail in the center of the public road above described; thence by the center of said public road, South 72 degrees 15 minutes East, a distance of 118.5 feet to a nail, the Place of BEGINNING. CONTAINING 0.60 acres, more or less and being improved with a dwelling house known as 25 Alters Road, Carlisle. BEING the same premises conveyed by Debra L. Miller nlk/a Debra L. Kauffman, by Deed dated July 15,2005, and recorded July 28, 2005, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 270, Page 485, to Debra L. Kauffman, Grantor herein. PARCEL IDENTIFICATION NO: 46-18-1384-008 Premises: 25 Alters Road, Carlisle, P A 17013 West Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Eugene Schock, Jr. and Debra L. Schock, husband and wife and Richard Lee Kauffman, single adult individual, by Deed from Debra L. Kauffman, now by marriage Debra L. Schock, married woman, dated 06/02/2006, recorded 06/08/2006, in Deed Book 275, page 46. .~ ~~ ~ ~ ~ , bb ~ ~ ~ ~, w ~ ~, ., ~ {^ 9.-1 ~ l..> XJ Q..:, C.,J ...,." R.J~~ltJ"tJQ\'\-:----.-..jc;.. . . "'. " '" , ~%~~~~%~~% f ~ ~ ;:, r: ~ r (Q ~ r:;' \(~~ :-,-,'J 'c.-.::) (" . " ~... ~ lit. ~ It , ~, ~ ~~ ~\. j~ - '-.. 'P ",<::, ()'\; ,-) "-h -".~; t;? ( .n ..-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N006-4730 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 205-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1,2005 Plaintiff (s) From DEBRA L. KAUFFMAN AlK/A DEBRA L. MILLER AlK/A DERA L. SCHOCK, DAVID E. SCHOCK AND RICHARD L. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$144,497.50 1.1.$.50 Interest FROM 12/13/06 TO 6/13/07 (PER DIEM- $23.75) - $4,322.50 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $243.80 Other Costs$3363.79 Plaintiff Paid Date: DECEMBER 28, 2006 (Seal) f~l R~ioth~~ta~j ~ By: )).C~ ~ ~MJj Deputy REQUESTING PARTY: Name DANIEL G SCHMEIG, 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 01/02/07 Ttm 13:42 FAX 2155633826 PHELAN HALLINAN &SCBMIEG ~OOl Law Offices PHELAN HALLINAN & SC.HMIEG. LLP One Penn Center at Suburban Station 1617 JaM F. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-1814 Paul.Boccuti@(edDhc.com Pa,ll:M Boccuti Judgment Department, EX!. 1359 Representing Lenders in Pennsylvania and New Jersey Jar:uar~ 2, 2007 Oficeof the Sheriff Cucnbe'land County Courthouse 1 Cow1house Square Carlisle, PA 17013 A1TE"~mON: lODY FAX: 717-240-6397 Re: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES. SERIES 2005-R8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 v. DEBRA L. KAUFFMAN AlK/A DEBRA L. MILLER A/KJA DERA L. SCHOCK DAVID E. SCHOCK RICHARD L. KAUFFMAN No. 06-4730 Premises: 2S ALTERS ROAD. CARLISLE. PA 17013 Dear J: dy: Please STAY the Sheriff's Sale of the above referenced property. which is scheduled for .J:!D~ E 13. 2007. Please be further advised that no consideration was reported to have been received to l)ur ~ ffice. Vllry 11 uly yours, PMB Palll M Boccuti ../ "l'~_:. Ofa~~ · S QffiQe .. -J8Y SOhmteg'S