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HomeMy WebLinkAbout07-6338IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE Case Number: PLAINTIFF 07 _ &3? (2 '(0 6 ?Type of Pleading VS ANDREW J. SEMIC, SR. DEFENDANT CERTIFICATE OF LOCATION 824 W. KELLER STREET MECHANICSBURG, PA 17055 Township of Monroe PARCEL No: 22-24-0783-060 Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4 3 By: DANIEL . MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 manc ini lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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. 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 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 Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 manci n i lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT 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 UNTI 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 TIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSUL 1 AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Daniel J. Mancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm as comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW r? CASE NO o 7- L 3 3 ? c.w MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendants are ANDREW J. SEMIC, SR., whose last known address is 824 W. KELLER STREET, MECHANICSBURG, PA 17055. ANDREW J. SEMIC, SR. is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, MARCH 24, 2006, ANDREW J. SEMIC, SR. borrowed $108,600.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MFRS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B. this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1945, Page 3887. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 824 W. KELLER STREET, MECHANICSBURG, PA 17055, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due April 1, 2007, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 108,035.42 Delinquent Balance, including Interest at $35.15 per diem $ 8,116.37 From 03/01/07 to 10/26/07 (based on contract rate of 11.875%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 506.60 Accrued Late Charges $ 442.64 Bad CK Fees $ 00.00 Attorney's Fee $ 5,401.77 Total $ 122,502.80 ** Together with interest at the per diem rate noted above after April 1, 2007 and other charges and costs to date of Sheriff's Sale. 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 in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on SEPTEMBER 11, 2007, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 11.875% ($35.15 per diem), together with other charges and costs inch ing escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sa 10?f- the property within described. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 SMATMO GuarenllrCanp" C?unftsnentt4nnber, ZO?OOd9" . IONOM C PNOPNM DEIM I ION sd to in tlde Corterlb?aM (a deer?i6ed ae tbtbwe? The bnd noft, ALL THAT CERTAIN pWm pwott or tact of bnd tltrelt ht t * T of VA Ion C,ow?ty of Mend and taounmonweeAh of Pwn?tldraNs: wore pepbtAtly honadad and deasdbed ee ld o o- b4 t BEf3tNl1i G to Me rA*wodoo wof KMerftnl and vbft owing ltpim" so' W flea of weeft llmm Ram Ir 96 VWK 1dA %Als s pdnl oa %6 atdM WA d OM Y&O A mm d l e eavdeweet eonKr d !et t+la b a? fbe PM etLoht Ae1NuAer nw?nltnad; thinos io aw oeetrbr dheoflea oMg Aga dtl M, @iA Mw d tell Ld N0. C 7llA %d b • pd* l=W by s epPtllt?l dpaoran dm/ tlla weMao IM d tetNb.13 ea =W Plead Lehr1411 ku to a poMt on ttla r4* n? tlir ei Iht?erBUeek tibeoe Moan"mom in d odd VAW MMK 8oulh t1 SW valet, 0.1 if dv $M" t and pb0a domom tO. moarded In thefal orders OMm In foraad odd CwWmflaad Cm* in Pbn OmkJ066 pop *IM P1en b POw"n4t'rg6193la3.1 AL1/tCawaamnt 5d "G SM3 901 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar 1D: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm(acomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS ANDREW J. SEMIC, SR. DEFENDANT CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 261" Day of October 2007 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 o ? d o ? r? r-0 N c_rr -rt ?? -rs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE Case Number: 07-6338 civil term PLAINTIFF VS ANDREW J. SEMIC, SR. DEFENDANT CERTIFICATE OF LOCATION 824 W. KELLER STREET MECHANICSBURG, PA 17055 Township of Monroe PARCEL No: 22-24-0783-060 Type of Pleading Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: Filed on Behalf Of. Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fai i w Drive Monaca/`PA 15061 (724) 728-42P3 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 4 t Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL ACTION - LAW COMPANY AS TRUSTEE CASE NO: 07-6338 civil term PLAINTIFF VS MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 1506 L, and against Defendant ANDREW J. SEMIC JR., whose last known address is 824 W. KELLER STREET, MECHANICSBURG, PA 17055for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Unpaid Principal Balance $ 108,035.42 Delinquent Balance, including Interest at $35.15 per diem $ 10,008.53 From 03/01/07 to 12/12/07 (based on contract rate of 11.875%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 506.60 Accrued Late Charges $ 497.97 Bad CK Fees $ 00.00 Attorney's Fee $ 5,401.77 Total $ 124,450.29 I hereby certify the (1) the addresses of the Plaintiff and Defef is arefas shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. Uaniel J. Mancini, Esq. Attorney Bar No.: 39353 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 0 &&?Lt-4- / " 41661 c p or U^ PROTHONOTARY y( "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." .? ?.0 -C 9 Vvf-'Vw )a a/ go -h / a YNVO SNN3d 01 --Z Wd ' 1 330 LOOZ A8VJ 0Nv Qdd 3N1 ?O Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 civil term MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT I, Daniel J. Mancini, Esquire, hereby affirm that IOve complied with Act 6 and Act 91 of 1983, notice requirements in the above-caption a matter.1 Daniel J. Mancini, Esquire VINVA-1ASMad 0 i :Z Nd ' 1330 LODZ KdVlQf\iOHIGdd 3U AO 3ourct-amo Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 civil term MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT AFFIDAVIT OF NAMES AND ADDRESSES OF OWNERS AND DEFENDANTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL J. MANCINI, Esq., being duly authorized to make this affidavit on behalf of the Plaintiff in the above action DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owner of 824 W. KELLER STREET, MECHANICSBURG, PA 17055, the real property to be sold in the within execution and the defendant in the judgment is ANDREW J MIC JR., whose last known address 824 W. KELLER STREET, MECHANICSBURG, PA 055. DATE: December 12, 2007 DANIEL J. MANCINI, ESQUIRE Attorney for Plaintiff VINVAWNNM ;-1 0 ! :Z Nd t 1 330 LOOZ AUVR O-H 108d 3Hl ?O Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 civil term MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Daniel J. Mancini, being duly sworn according to law, deposes and says that he is the attorney of record, for the above-named Plaintiff, that he makes this Affidavit on Plaintiff s behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant ANDREW J. SEMIC JR. is over 21 years of age. Defendant is not in the military service of the United States as contemplated by the Soldier's and Sailor's Civil Relief Act, as amended. This affidavit is made in connection with the judgment upon ote d mortgage secured upon the premises located at 824 W. KELLER STREET, MECHANI BUR , PA 17055. By: v Daniel J. Mancini, Esq. ViNVAIA I'+ d AiN,no r ^r.,,,; ?,4 ono 01 :Z Wd ' 1 330 LOOZ AUVIONCHtOlEd 3HI. O K?-0lld SHERIFF'S RETURN - REGULAR EASE NO: 2007-06338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SEMIC ANDREW J SR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SEMIC ANDREW J SR the DEFENDANT .at 1650:00 HOURS, on the 5th day of.November 2007 at 824 W KELLER STREET MECHANICSBURG, PA 17055 by handing to JASON FISHER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of So Answers: :,rte" .:?" ?!?r?c:..:Y'- r'?'''?.,? R. Thomas Kline 11/06/2007 MANCINI & ASSOCIATES By: A. D. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 Civil Term MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT TO: Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 DATE OF NOTICE: November 28.2007 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 -IIS CORRESPONDENCE IS NOT AND SHOULD NOT BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS e's Pr3N CEMENT OF LIEN AGAINST PROPERTY. 00 .? ?' IMPORTANT NOTICE J =A-N PITNEV BOWES ago. 77- i 1.051) ? you have failed to enter a written appearance personally or by attorney 3 4 2B 207 E "R ' ?1 , ppE 5G6 ; )ur defenses or objections to the claims set forth against you. Unless you ate of this notice, a Judgment may be entered against you without a perty or other important rights. You should take this notice to a lawyer rr or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 0 0 N l6 7 C c0 V- 00 M - Cn Q- Daniel J. Mancini, Esquire Attorney for Plaintiff VINVAIASNINZ v i :z Wd ? t 030 LOQZ • . . Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirmgcomcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 civil term MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT RULE 236 NOTICE OF DEFAULT To: ANDREW J. SEMIC JR. 824 W. KELLER STREET MECHANICSBURG, PA 17055 You are hereby not' f ed that the following Order, Decree or Judgment has been entered against you on 44,m /,9.,2 pp 7 A Judgment of Default in the amount of $ 124,450.29 plus costs. Prothonotary If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SEMIC ANDREW J SR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SEMIC ANDREW J SR the DEFENDANT , at 1650:00 HOURS, on the 5th day of November-, 2007 at 824 W KELLER STREET MECHANICSBURG, PA 17055 by handing to JASON FISHER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ? 3 Sworn and Subscibed to before me this of So Answers: 18.00 10.56 .00 10.00 R. Thomas Kline .00 38.56 11/06/2007 MANCINI & ASSOCIATES By: day , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE Case Number: 07-6338 civil term PLAINTIFF VS Type of Pleading ANDREW J. SEMIC, SR. DEFENDANT CERTIFICATE OF LOCATION 824 W. KELLER STREET MECHANICSBURG, PA 17055 Township of Monroe PARCEL No: 22-24-0783-060 Mortgage Foreclosure Praecipe for Writ of Execution Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairvie Dri e Monaca, P 15061 (724) 728- 33 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS ANDREW J. SEMIC, SR. DEFENDANT CIVIL ACTION - LAW CASE NO: 07-6338 civil term MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 To the Director of the Office of Prothonotary Issue writ of execution in the above matter: Amount Due From 03/01/07 to 12/12/07 (based on contract rate of 11.875 %) Dated this 12`h day of December, 2007 124,450.29 Daniel J. Mancini, Esq. Attorney Bar No.: 39353 Note: Property Description Attached 01-02 Tr _ co 04 -C 9u 0 ?VQ?O ;;7j H U1p ..o S OO ?c 00 G r O 00 _ a c G = ? a e <ID guaranty Camp" Corrcr+ ? pWrnw, 200030iJbr BCIt?D MP't?Ote PItO? Cortur lq doscrw es telw At w mme, 040,0 d cumbeg*nd nd na ignd rabrved yo in oft ?y?TdMr+ 1P tCPA of trsetoitand ? ne?ed ? d ?' Al 1, "'t too CERTAIN pbcm. Dp . . 9 6ne d wd Waft pomnpwwlh of psnn?yants: P?? y? 0ser? weM kA" 604AM . esei M Mt ody of KaMrStreeta ?.d 1??in s P wsd; ot& In en abn9?'e Ow own sew! Alto M Wsrlt Q at i "am nto. 6 ? ? teat tlterrcein s ?!?y d Seek mdn0 bsPa??0neofW Ovow abh9??? , Planed ? 141 Soub ? 8e,1 ts`t'W the 1? °Ad p? d 8x01 eak? Pta++ a„or, which Wpyyrtn Nne d IN d soW Kebrabout d Pin of Tdndk 80+0 a 36 &ok ?°,4in Plan 10. P!r0 i<rom CounW of La" i<rom CounW r lh sbn4 Radet O and for sab 00 "14 kr lh pommilealasig31631 At7G ??01? -SE-1'94UG390•1 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 824 W. KELLER STREET, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 7770 West Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-6338 CIVIL TERM RECORDED 12/14/2007 AMOUNT $124,450.29 Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 7770 West Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 MBV&PG 1945-3887 RECORDED 4/5/2006 AMOUNT $108,600.00 Name and address of every other person who has any record lien on the property: UNKNOWN 06-02 . „ , I. 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: UNKNOWN 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. Dated this 27`h Day of February 2008 Mancini, Esq. Bar No.: 39353 06-02 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: June 11, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. DWELLING KNOWN AS 824 W. KELLER STREET, MECHANICSBURG, PA 17055. ALL THAT CERTAIN PLACE, PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. THE LOCATION of your property to be sold is: 824 W. KELLER STREET MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO: 07-6338 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property ANDREW J. SEMIC, SR. 0- _ , _ y A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. JUDGMENT. You these rights. If ou w wish to exercise our property rights, YOU MUST ACT PROMPTLY. can advise you more specifically YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained frthe within:County Court House before presentation to the Court. Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT LONG PROPERTY DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING IN THE NORTHWEST CORNER OF KELLER STREET AND WERTZ AVENUE; THENCE ALONG THE EASTERN LINE OF WERTZ AVENUE, NORTH 13° 56WEST, 142.4 FEET TO A POINT ON THE EASTERN LINE OF SAID WERTZ AVENUE AT THE SOUTHWEST CORNER OF LOT NO. 5 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN AN EASTERLY DIRECTION ALONG THE SOURTHERN LINE OF SAID LOT NO. 5, 79.4 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF LOT NO. 13 ON SAID PLAN OF LOTS 141.4 FEET TO A POINT ON THE NORTHERN LINE OF KELLER STREET, THENCE ALONG THE NORTHERN LINE OF SAID KELLER STREET, SOUTH 69° 30' WEST, 89.1 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 14 IN THE PLAN OF LOTS KNOWN AS "REVISED PLAN OF TRINDLE SPRING MANOR", WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK 10, PAGE 36. DWELLING KNOWN AS 824 W. KELLER STREET, MECHANICSBURG, PA 17055. IDENTIFIED as TAX/PARCEL ID#: 22-24-0783-060 in tk?Deeld Registry Office of Cumberland County, Pennsylvania. Dahicjj-'Mancini, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6338 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, Plaintiff (s) From ANDREW J. SEMIC, SR (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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,450.29 L.L.$ 0.50 Interest frbo 3/01/07 to 12/12/07 (based on contract rate of 11.875%) Atty's Comm % Due Prothy $2.00 Atty Paid $157.56 Other Costs Plaintiff Paid Date: 3/04/08 (Seal) othonotary By: REQUESTING PARTY: Deputy Name DANIEL J. MANCINI, ESQUIRE Address: DANIEL J MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfirtn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Aliquippa, Pennsylvania on April 25, 2008, a true and correct copy of Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to all lien holders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), which mailing receipts are attached. Service addresses are as follows: WASHINGTON MUTUAL BANK 1270 Northland Drive Suite 200 Saint Paul, MN 55120 i By Danie J. cirri, Esq. Attorney for Plaintiff i ?, UNITEDSTATES /V IO POSTAL SERVICE® Certificate Of Mailin .'f" kstampsor This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. „x From: i t ti3evYi A rY y ?- an A 201 A Fairview Dr* e Monaca, 2 15 To: PS = . 1 1;1Q) a, a a aC-) PS Form 3817, April 2007 PSN 7530-02-000-9065 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens or any claim against the real estate of 824 W. KELLER STREET, MECHANICSBURG, PA 17055. WASHINGTON MUTUAL BANK 1270 Northland Drive Suite 200 Saint Paul, MN 55120 2006-00583 RECORDED 1/27/2006 AMOUNT $N/A You are hereby notified that on June 11, 2008 at 10:00 A.M. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, the real estate of ANDREW J. SEMIC, SR., known and numbered as 824 W. KELLER STREET, MECHANICSBURG, PA 17055, Cumberland County. A description of said real estate is hereto attached. You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect y in rest, if any, by being notified of said Sheriffs Sale. DATE: April 25, 2008 By: Dani(p M cirri, Esq. Attorney or Plaintiff LONG PROPERTY DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING IN THE NORTHWEST CORNER OF KELLER STREET AND WERTZ AVENUE; THENCE ALONG THE EASTERN LINE OF WERTZ AVENUE, NORTH 13° 56' WEST, 142.4 FEET TO A POINT ON THE EASTERN LINE OF SAID WERTZ AVENUE AT THE SOUTHWEST CORNER OF LOT NO. 5 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN AN EASTERLY DIRECTION ALONG THE SOURTHERN LINE OF SAID LOT NO. 5, 79.4 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF LOT NO. 13 ON SAID PLAN OF LOTS 141.4 FEET TO A POINT ON THE NORTHERN LINE OF KELLER STREET, THENCE ALONG THE NORTHERN LINE OF SAID KELLER STREET, SOUTH 69° 30' WEST, 89.1 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 14 IN THE PLAN OF LOTS KNOWN AS "REVISED PLAN OF TRINDLE SPRING MANOR", WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK 10, PAGE 36. DWELLING KNOWN AS 824 W. KELLER STREET, MECHANICSBURG, PA 17055. IDENTIFIED as TAX/PARCEL ID#: 22-24-0783-060 in the Deed Registry Office of Cumberland County, Pennsylvania. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfinn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS ANDREW J. SEMIC, SR. DEFENDANT CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 824 W. KELLER STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 7770 West Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-6338 CIVIL TERM RECORDED 12/14/2007 AMOUNT $124,450.29 Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 7770 West Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 MBV&PG 1945-3887 RECORDED 4/5/2006 AMOUNT $108,600.00 WASHINGTON MUTUAL BANK 1270 Northland Drive Suite 200 Saint Paul, MN 55120 2006-00583 RECORDED 1127/2006 AMOUNT $N/A 06-02 I . P Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the Sale: UNKNOWN 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unswom falsification to authorities. Dated this 25`h Day of April 2008 Mancini, Esq. Attorney Bar No.: 39353 06-02 (Zo - , ?-t. Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania vs Writ No. •290$--t" Civil Term Andrew J. Semic, Sr. v'7- G 3 3 e Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2008 at 2036 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Andrew J. Semic, Sr. by making known unto Andrew J. Semic, Sr. personally at 824 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly s,%vorn according to law, states that on April 03, 2008 at 2036 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Andrew J. Semic, Sr. located at 824 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn accor mg to law, states he served the above Real Estate Writ, Notice, Poster and Description in the f llowing manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Andrew J. Semic Sr. by regular mail to his last known address of 824 W. Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 20081 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mancini. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills S ' R. Thomas Kline, Sheriff BY Real Estate ergeant 30.00 47.91 15.00 15.00 .50 2.00 19.20 15.00 20.00 40.00 355.00 372.17 14.73 $ 146.51 C co C L23-7 Ate- .1 /? ?;2,7 L Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLANI) COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO:''07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE} Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 824 W. KELLER STREET, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Andrew J. Semic, Sr. 824 W. Keller Street Mechanicsburg, PA 17055 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 7770 West Partner Lane, Building D, First Floor, Austint TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-6338 CIVIL TERM RECORDED 12/14/2007 AMOUNT $124,450.29 4. Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 7770 West Partner Lane, Building D, First Floor, Austin TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 MBV&PG 1945-3887 RECORDED 4/5/2006 AMOUNT $108,600.00 5. Name and address of every other person who has any record lien on the property: UNKNOWN 06-02 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: UNKNOWN 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. Dated this 27`h Day of February 2008 Ifam'W-LeMancini, Esq. Attorney Bar No.: 39353 06-02 ti Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS ANDREW J. SEMIC, SR. DEFENDANT CIVIL ACTION - LAW CASE NO:07-6338 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 11, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. DWELLING KNOWN AS 824 W. KELLER STREET, MECHANICSBURG, PA 17055. ALL THAT CERTAIN PLACE, PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. THE LOCATION of your property to be sold is: 824 W. KELLER STREET MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO: 07-6338 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of th?s property ANDREW J. SEMIC, SR. A SCHEDULE OF DISTRIBUTION, being a list of the p rsons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the?sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. THIS PAPER IS A NOTICE OF THE TIME AND PLACE QF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO $E SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being token away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court) of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper Qause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights ment?oned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained fro the w in County Court House before presentation to the Court. Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfmn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-6338 CIVIL TERM MORTGAGE FORECLOSURE ANDREW J. SEMIC, SR. DEFENDANT LONG PROPERTY DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING IN THE NORTHWEST CORNER OF KELLER STREET AND WERTZ AVENUE; THENCE ALONG THE EASTERN LINE OF WERTZ AVENUE, NORTH 13° 56' WEST, 142.4 FEET TO A POINT ON THE EASTERN LINE OF SAID WERTZ AVENUE AT THE SOUTHWEST CORNER OF LOT NO. 5 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN AN EASTERLY DIRECTION ALONG THE SOURTHERN LINE OF SAID LOT NO. 5, 79.4 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF LOT NO. 13 ON SAID PLAN OF LOTS 141.4 FEET TO A POINT ON THE NORTHERN LINE OF KELLER STREET, THENCE ALONG THE NORTHERN LINE OF SAID KELLER STREET, SOUTH 69° 30' WEST, 89.1 FEET TO THE POINT AND PLACE OF BEGINNING.' BEING LOT NO. 14 IN THE PLAN OF LOTS KNOWN AS "REVI?ED PLAN OF TRINDLE SPRING MANOR", WHICH SAID PLAN IS RECORDED IN THE RECORD R'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK 10, PAGE 36. DWELLING KNOWN AS 824 W. KELLER STREET, MECI-ANICSBURG, PA 17055. IDENTIFIED as TAX/PARCEL ID#: 22-24-0783-060 in the Deed Registry Office of Cumberland County, Pennsylvania. Z---1 Mancini, Esquire for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6338 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, Plaintiff (s) From ANDREW J. SEMIC, SR (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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,450.29 L.L.$ 0.50 Interest from 3/01/07 to 12/12/07 (based on contract rate of 11.875-? ) Atty's Comm % Due Prothy $2.00 Atty Paid $157.56 Other Costs Plaintiff Paid Date: 3/04/08 L Pr honotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL J. MANCINI, ESQUIRE Address: DANIEL J MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 Real Estate Sale # 78 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Monroe T?vy)?i 1P , Cumberland County, PA Known and numbered as 824 W. Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2008 By: _ Real Es to Sergeant 5tt :8 `d 9- 8VW 9001 33Ib3HS 111 '0 : ?+ ?; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 19 9), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland) Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 16 day of a 2008 N NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RA" N ATS WN NO. 71 Writ No. 2007-6338 Civil Deutsche Bank National Trust Company as Trustee VS. Andrew J. Semic, Sr. Atty.: Daniel J. Mancini LONG PROPERTY DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in the Town- ship of Monroe, County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING in the northwest comer of Keller Street and Wertz Av- enue; thence along the eastern line of Wertz Avenue, North 13° 56' West, 142.4 feet to a point on the eastern line of said Wertz Avenue at the southwest corner of Lot No. 5 on the plan of lots hereinafter mentioned; therm in an easterly direction &Wag the sourthern line of said Lot No. 5, 79.4 feet to a point; thence in a southerly direction along the western line of Lot No. 13 on said plan of lots 141.4 feet to a point on the northern line of Keller Street, thence along the northern line of said Keller Street, South 69° 30' West, 89.1 feet to the point and place of beginning. BEING Lot No. 14 in the plan of lots known as Revised Plan of Trin- dle Spring Manor", which said plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book 10, Page 36. DWELLING KNOWN AS 824 W. KELLER STREET, MECHANICS- BURG, PA 17055. IDENTIFIED as TAX/ PARCEL ID#: 22-24-0783-060 in the Deed Registry Office of Cumberland County, Penn- sylvania. The Patriot-News Co. - 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 I THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 1 , 1929 Commonwealth of Pennsylvania, County of auphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and That he is the Assistant Controller of The Patriot News Co., a corporatio Commonwealth of Pennsylvania, with its principal office and place of business a Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of TI newspapers of general circulation, printed and published at 812 to 818 Market S The Patriot-News and The Sunday Patriot-News were established March 4th, 1 E all have been continuously published ever since; That the printed notice or publication which is securely attached hereto i daily and/or Sunday/ Metro editions which appeared on the date(s) indicated bel, interested in the subject matter of said printed notice or advertising, and that all place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authc behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution t stockholders and board of directors of the said Company and subsequently duly in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page organized and existing under the laws of the 812 to 818 Market Street, in the City of e Patriot-News and The Sunday Patriot-News reet, in the City, County and State aforesaid; that 54, and September 18th, 1949, respectively, and exactly as printed and published in their regular N. That neither he nor said Company is the allegations of this statement as to the time, and empowered to verify this statement on mously passed and adopted severally by the rded in the office for the Recording of Deeds 17. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05107/08 } ............. Sworn t subscribed before me this 27 day of May, 2008 A. D. 01 . Notary Pubc COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrfe L. Sheppard, Notary Public City Of H ' burg, Dauphin County My Comm' ion Expires May 29, 2010 Member, Pennsylvania Association of Notaries ReN E mlift Sob 878 Writ No. 20078398 CWTorm Deutaaive Bank National Must Compeny.asTrustse VS Andrew J. Semk, Sr. Attorney: Daniel J. Mancini DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSH[P OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBEDAS FOLLOWS, TO WIT: BEGINNING IN THE NORTHWEST CORNER OF KRIM STREET AND WEIaZ AVENUE; THENCE ALONG TIM EASTERN LINE OF WERTZ AVENUE, NORM 13° 56' WEST, 142.4 FEET TO A POINT ON THE EASTERN LINE OF SAID WERE A VENUE AT THE SOUTHWEST CORNER OF LOf NO. 5 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN AN EASTERLY DIRECTION ALONG THE SOURTHERN LINE OF SAID LOT NO. S, 79.4 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF LOT NO. 13 ON SAID PLAN OF LOTS 141.4 FEET TO A POINT ON THE NORTHERN LINE OF MUM STREET, THENCE ALONGTHE NORTHERN LINE OF SAID KE,LI.ER STREET, SOUTH 69° 30' WEST, 89.1 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 14 IN THE PLAN OF LOTS KNOWN AS °REVINED PLAN OF TRINDLE SPRING MANOR", WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTYIN PLAN BOOK 10, PAGE 36. DWELLING KNOWN AS 824 W. KELd.ER STREET, MECHANICSBURG, PA 17055. IDENTIFIED as TAIUPARCEL Mt 22-24- 0783-M m the Deed Registry Office of Cum*landCoumty, Fenosylvank ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division 07-65W COMPANY AS TRUSTEE Case Number 07-6"0LCivil Term PLAINTIFF VS Type of Pleading Praecipe to Discontinue And Settle Case in Mortgage Foreclosure ANDREW J. SEMIC, SR. DEFENDANT CERTIFICATE OF LOCATION 824 W. KELLER STREET MECHANICSBURG, PA 17055 Township of Monroe PARCEL No: 22-24-0783-060 Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Mona PA 15061 (724) 2 --*?3 By: DANIEr-7" PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE CIVIL DIVISION VS. ANDREW J. SEMIC, SR. FILE NO 07-6338-Civil Term PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTIQN ANDIOR 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. -x-- The within suit is Settled, Discontinued, Ended and costs paid. 2. --- the within suit is Settled, Discontinued, Ended WITUN rejudice end costs paid. r '\ Date: March 2. 2009 Signature of authoriz?'ng party Attorney Daniel J. Mancini. Esq. Attorney or Notary Type or print name of above signer COST PAYMENT VERIFICATION TO UNSWORN FALSIFICATION TO AUTHORITIES Signature .. <{ ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE Case Number: 07-6338-civil term PLAINTIFF VS Type of Pleading Praecipe to Discontinue And Settle Case in Mortgage Foreclosure ANDREW J. SEMIC, SR. DEFENDANT CERTIFICATE OF LOCATION 824 W. KELLER STREET MECHANICSBURG, PA 17055 Township of Monroe PARCEL No: 22-24-0783-060 Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) '188#33 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE VS. ANDREW J. SEMIC, SR. CIVIL DIVISION FILE NO 07-6338-Civil Term PRAECIPE AND POWER OF ATTORNEY TO SATISFY. SETTLE AND DISCONTINUE JUDGMENT 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. --X-- Satisfaction of Judgment with acknowledged and Plaintiff reserves right Defendant fail in their obligations to Plaintiff. Date: March 2. 2009 interest and costs, in the within matter is to file a new ForeclosWre Aption should Attorney Attorney or Notary Signature party Daniel J. Mancini. Esq. Type or print name of above signer COST PAYMENT VERIFICATION Signature TO UNSWORN FALSIFICATION TO AUTHORITIES C"J 4Ln ? a