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HomeMy WebLinkAbout07-3813IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED Case Number: AS OF JULY I, 2004 MORGAN STANLEY p^2- -- 3pi3 ABS CAPITAL I INC. TRUST 2004-HES MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HES PLAINTIFF Type of Pleading V S EJECTMENT ROBERT SHIELDS, Code and Classification: GRETCHEN SHIELDS and / or OCCUPANTS DEFENDANTS Filed on Behalf Of: CERTIFICATE OF LOCATION Plaintiff 19 HUMER STREET Counsel of ENOLA, PA 17025 BY: / ( ~~ Daniel J. Mancini, Esquire Attorney at Law 201 A FAIRVIEW DRIVE MONACA, PA 15061 (724) 728-4233 PA I.D. No. 39353 1 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA ID 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirmCcDcomcast.vet IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE5 PLAINTIFF vs. ROBERT SHIELDS, GRETCHEN SHIELDS And/or OCCUPANTS DEFENDANTS CIVIL DIVISION CASE NO. TYPE OF PLEADING: Civil Action-Ejectment CIVIL ACTION -EJECTMENT NOTICE Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. 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 (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 and 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 or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA ID 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancin ilawrirm(cDcomcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE5 PLAINTIFF vs. ROBERT SHIELDS, GRETCHEN SHIELDS And/or OCCUPANTS DEFENDANTS CIVIL DIVISION CASE NO. d 7. 3 P/~ Ct-v-~ ~~ TYPE OF PLEADING: Civil Action-Ejectment COMPLAINT FOR EJECTMENT Plaintiff, by and through its undersigned attorney files this Complaint for Ejectment against Defendants, ROBERT SHIELDS, GRETCHEN SHIELDS and/or OCCUPANT, and in support thereof avers the following: 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE5. 2. Defendants, ROBERT SHIELDS, GRETCHEN SHIELDS and/or OCCUPANT, are individuals residing in Cumberland County, Pennsylvania. 3. Plaintiff is the owner of premises located at 19 HOMER STREET, ENOLA, PA 17025. Said premises is more particularly described and attached as Exhibit "A". 4. Plaintiff became owner of said premises by virtue of a Sheriff Sale on JUNE 13, 2007, as a result of its Mortgage Foreclosure Action. 5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof. The Defendants are occupying the said premises without right and so far as the Plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said Defendant(s) who have refused to deliver up possession of same. WHEREFORE, Plaintiff seeks to recover possession of said premises. Dated this 22"d day of June, 2007. Respectfully Submitted, DANIEL MANCI~# & ASSOCIATES By: Daniel Mancini, Esquire Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq., PA ID 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfimt(a~comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE5 PLAINTIFF CIVIL DIVISION CASE NO. TYPE OF PLEADING: Civil Action-Ejectment vs. ROBERT SHIELDS, GRETCHEN SHIELDS And/or OCCUPANTS DEFENDANTS VERIFICATION Daniel J. Mancini, Esquire hereby states that he is the Attorney for the 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 take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his 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 falsification authorities. Daniel J. Mancini, Esquire Attorney for Plaintiff Date: June 22, 2007 ~ c r~ W ~ ~ ~ r ~--~ C? t'T E ~`T `w .~%,- `_ rv -_., "t7 to n ~~ ~~, .~ i_~ _~_ ~} F. ~ ~.~ Corn ' 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST, COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HES MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HES PLAINTIFF VS ROBERT SHIELDS and GRETCHEN SHIELDS And/or OCCUPANTS DEFENDANT CERTIFICATE OF LOCATION 19 HUMER STREET ENOLA, PA 17025 CIVIL Division CASE NO: 07-3813 Type of Pleading Praecipe to Satisfy Judgment and Settle Case Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Mo , PA 15061 (7 ) 728-4233 y. ANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini i;<Associates Daniel J. Mancini, Esq., PA ID 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirmCa~comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE5 PLAINTIFF vs. ROBERT SHIELDS, GRETCHEN SHIELDS And/or OCCUPANTS DEFENDANTS CIVIL DIVISION CASE NO. 07-3813 PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A.1. ----The within suit is Settled, Discontinued, Ended and costs paid. 2. ----The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. 3. -X--- the within suit is Settled, Discontinued, Ended THOUT Prejudice and costs paid. Date: ~ /07 -~ ~ ~-t------ WITNESS {if signer is other Signature of authorizing party than a registered attorney}: Attorney or Notary ~r-~r~ie L ~~~ ~ ~~ei~~i ~. ~S~ TyNe or print name of above ign COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY ALL COSTS HAVE BEEN PAID. I U ERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TH ENALTIES OF 18 Pa.C.S.A. NG TO UNSWORN F. Signature C"~ ~ ~ C ~ ~ ; -:-y ~., ~"~' C : ~ - ~ am ~. s {.~ r _ __,~ ~ _"~ '~ -a C ~' - ,~ ~`' --~ r j c ~_; ` ~' ~,r, ~7> SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03813 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS ROBERT 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 SHIELDS ROBERT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT SHIELDS ROBERT 19 HUMER STREET ENOLA, PA 17025 19 HUMMER STREET IS VACANT. Sheriff's Costs: Docketing 18.00 Service 15.36 Not Found 5.00 Surcharge 10.00 .00 Y~l9g1e?~...~ 48.36 So answ ~_. R. Thoma Kline Sheriff of Cumberland County MANCINI & ASSOCIATES 07/06/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03813 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS ROBERT 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 ------ -- ~--~,..__--__ b t unable to locate Her in his bailiwick. COMPLAINT - EJECTMENT , u was He therefore returns the the within named DEFENDANT SHIELDS GRETCHEN 19 HUMER STREET NOT FOUND as to ENOLA, PA 17025 19 HUMMER STREET IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 ~', u a~eZ ~.,, 21 . o 0 So answer -- ~~ om line Sheriff of Cumberland County MANCINI & ASSOCIATES 07/06/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03813 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS ROBERT 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 OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT 19 HUMMER STREET OCCUPANT NOT FOUND as to ENOLA, PA 17025 19 HUMMER STREET IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 glbq'b7~.w 21.00 So answe R. om line Sheriff of Cumberland County MANCINI & ASSOCIATES 07/06/2007 Sworn and Subscribed to before me this day of A.D.