HomeMy WebLinkAbout08-7443AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
HAROLD M. RYNARD and EVELYN M.
RYNARD,
Defendants.
NOTICE
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08- 7445 0,1vi 1 Verw-
CIVIL ACTION -- LAW
Ejectment
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 is served, by entering a written appearance either 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, property, and/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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS PLEADING IS NOT,
AND SHOULD NO BE CONSTRUED AS, AN ATTEMPT TO COLLECT A DEBT, BUT
RATHER AS A PROCEEDING TO ENFORCE A VALID RIGHT TO POSSESSION, WHICH
RIGHT SURVIVES BANKRUPTCY DISCHARGE
36804.1
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No.
HAROLD M. RYNARD and EVELYN M.
RYNARD, CIVIL ACTION -- LAW
Defendants.
Ejectment
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandadas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir del la fecha del
la demandada y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con
un abogado y entrgar a la corte en forma escrita sus defensas o sus objeciones a las demandadas
en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede decidir a favor del demandante y requiere que usted compla con todas las provisioner de
esta demandada. Usted puede perder dinero o sus propiedades u otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS PLEADING IS NOT
AND SHOULD NO BE CONSTRUED AS, AN ATTEMPT TO COLLECT A DEBT, BUT
RATHER AS A PROCEEDING TO ENFORCE A VALID RIGHT TO POSSESSION WHICH
RIGHT SURVIVES BANKRUPTCY DISCHARGE.
36804.1
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L06999-0012
P.O. Box 8521
Reading, PA 19603 AGFS Acct. No. 13512019
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpagepabcglaw.com
AMERICAN GENERAL CONSUMER IN THE COURT OF COMMON PLEAS,
DISCOUNT COMPANY, CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
VS.
No. 6 F- 7 Y'/ 3 0
HAROLD M. RYNARD and EVELYN M
RYNARD,
CIVIL ACTION -- LAW
Defendants. :
Ejectment
COMPLAINT IN EJECTMENT
BY ITS UNDERSIGNED attorneys, American General Consumer Discount
Company, Plaintiff, respectfully represents that:
1. The Plaintiff is American General Consumer Discount Company, a
Pennsylvania corporation with a branch office at 6 South Hanover Street, Carlisle,
Cumberland County, PA 17013.
2. The Defendants are Harold M. Rynard and Evelyn M. Rynard, adult
individuals, husband and wife, who currently reside, in the capacity of mere
tenants at sufferance as more fully set forth below, at 967D West Old York Road
Carlisle, Cumberland County, PA 17013(the "Premises").
3. The Plaintiff holds fee simple title to the Premises by virtue of a
Cumberland County Sheriff s Deed dated September 19, 2008 and recorded
September 22, 2008 at Instrument No. 200831975, Cumberland County Records.
A true and correct copy of that deed is attached hereto as Exhibit A and
36804.1 -1-
incorporated herein by reference.
4. The Defendants are in possession of the Premises and have failed and
refused to vacate the same, despite the Plaintiff's written notice to do so dated (the
"Notice").
5. A true and correct copy of the Notice, together with copies of first-class
and certified mail receipts, is attached hereto as Exhibit B and incorporated by
reference.
6. The Defendants actually received the Notice and signed United States
Postal Service certified mail receipts for the same.
7. The Defendants' continued occupancy of the Premises exposes the
Plaintiff to certain potential risk or damage, including but not limited to:
A. Issues of compliance with local zoning and other municipal
regulations;
B. Issues of liability for personal injuries to the Defendants and/or
others on the Premises at the invitation of the Defendants and related issues of
insurance coverage;
C. Continuing economic detriment to the Plaintiff, for expenses of
upkeep, possible municipal claims and liability for real estate taxes; and
D. Serious and continuing economic injury due to inability to market
and sell the Premises while the Defendants remain unlawfully in possession.
9. The Plaintiff is the legal owner of the Premises and is entitled to
immediate possession thereof.
10. Despite efforts of the Plaintiff to afford the Defendants a reasonable
period of time to vacate the Premises in an orderly fashion, the Defendants have
failed and refused to cooperate with the Plaintiff in removing themselves and their
belongings therefrom.
WHEREFORE, Plaintiff American General Consumer Discount Company
respectfully requests that this Honorable Court enter a judgment for possession of
the Premises in its favor and against the Defendants, jointly and severally, and
award exclusive possession of the Premises to the Plaintiff, as well as costs of suit
36804.1 -2-
and attorney's fees, and to award such other and further relief as this Honorable
Court deems just, fair and proper.
Dated: December 22, 2008.
AUSTJN, BOND, CONNOR & GIORGI
By:
Jr., Esquire
for
36804.1 -3-
Exhibit A
December 22, 2008
(4 pages)
20Q&jja-22..,14107
- AGFS 1498 Carlisle 717-243-5546 >> 610 372 2361 P 4/6
C Tax Parcel No. 0_8-11:69MD
Know all Men by these Presents
That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of
Pennsylvania, for and in consideration of the sum of $1.00, (One VoBar? to me in hand
paid, do hereby grant and convey to American General Consumer Discount Company
Real Estate Sale No. 19
Writ No. 2006-4967 Civil Term
American General Financial Services, Inc. t/d/b/a American Genera! Consumer DiscmM.Compoy.
VS
Harold M. Rynard and
Evelyn M. Rynard
Attomey Clemson Page
LEGAL DESCRIPTION
LEGAL. DESCRIPTION OF 967D WEST OLD YORK ROAD CARLISLE (DICKINSON TOWNSHLP), PA 17013
ALL THAT CERTAIN tract of lad situate In Dickinson Township, Cumberland County, Petmsylvania, bounded and
described •as follows, to wir.
BEGINNING at a railroad spike set In the centerline of Lit 21009 (PA Rotate 174), known as the Old York Road at the
dividing line between Lot No. 1 and Lot Not on the heck after mentioned subdivision plan; THENCE alone said
dividing line North 00 degrees 10 minutes 37 seconds West 229.19 feet to as lron pin; THENCE along the dividntg line
between lot No.2 and Lot No.3 on said plan North 89 degrees 46 minutes 10 seconds East 265.10 feet to an iron pin set
at lands now or formerly of Donald L. Thrush; THENCE along said lands now or formerly of Donald L. Thrush South
00 depees 24 mid 10 seconds East 229.40 feet to an iron pin set in the centerline of said Old York Road; THENCE
of Old Yo& Road Sault 89 detm 43 minutes 40 seconds West 2,66.00 feet to it railroad spike,
tine place ofMa.NNS'f1G.
CONTAINING 1.213 scres, exclusive of dedicated rggbt-of way.
TOGETHER WITH AND SUBJECT TO the use of a certain 504oot private right-of-way for ingress, egress and regress
of tire' owners of Loa 3, 4, and 5, their heirs and assigns, in coWunctim with tine owners of the !turd herein described.
Construction and maintenance of said right-of-way shalt be the sole responsibility of the owners of Lots 3, 4 and 5 on
said plan.
TAX PARCEL. NO. 09-) 1-0294-003D
TO BE SOLD AS the property of. Harold M. Rynard and Evelyn M. Ry=A husband and wife.
2008-12-22 1407 - AGFS 1498 Carlisle 717-243-5546 >> 610 372 2361
P 3/6
The same having been sold by me to the said grantee on the 3rd day of September Anno
Domini Two Thousand and Eight (2008) after due advertisement according to law,
under and by Virtue of a Writ of Execution issued on the 12th day of March Anno
Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as
of Civil Term, Two Thousand and Six (2006) Number 4%7 at the suit of Ammerican Gewrsl
Fbanciat Services, Inc., t/d/b/a American General Consumer Discount Company against
Harold M. Rynard and Evelyn M. Rynard.
2008-12-22 14;07 . AGFS 1498 Carlisle
. 717-243-5546 » 610 372 2361 P 5/6
In Witness Wereof, l have hereunto affixed my signature this 19th day of September
Arno Domim Two Thousand and Light (2008)
R. Thomas Kline, Sheriff
Con monweskb of Pennsylvania, aa.
County of Cumberland
Before the undersigned, Curtis R Long, Prothonotary of the Court of Common
Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline,
Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts
Set forth in the Poregoing De6d are true, Old that he scbwwledged the same in order tb4t
Said deed might be recorded.
Witness my hand and asst of said Court, this 19th day of Sept- Anno Domini
Two Thousand and Eight (2088)
Solicitor
1 hereby certify that the residence
And Post Office address of the
Within Clrentee is
6 South Hanover SL
Carlisle, PA 17013
2008-12-22 14:07 AGFS 1498 Carlisle 717-243-5546 >> 610 372 2361
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200831975
Recorded On 9/22!2008 At 9:50:04 AM
* lnsimment Type - DEED-SHERIFF'S
User M - KW
* Grantee - AMERICAN GENERAL CONS DISC; CO
* Customer - SHERIFF
* >1 .q
STATE WAIT TAR $0.50
STATE JCS/ACCESS TO $10.00
JVSTICZ
RZCORD=NG FEES - $12.50
RZCORDZR OF DZIMS
ATFMABLZ ROUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD AACHIVZS FEE $3.00
CARLISLE, AREA SCHOOL $0.00
DISTRICT
DICKINSON TOWNSHIP $0.00
TOTAL PAID $39.50
* Total Pages - 5
P 6/6
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
in Cumberland bounty PA
WORD= O D DS
* - Informatioa denoted by an asterisk may chaste darleg
the verifkation precool and may not be reflected 00 this pale.
Exhibit B
December 22, 2008
(4 pages)
Law Offices of
AUSTIN, BOLAND, CONNOR & GIORGI
44 North Sixth Street
P. O. Box 8521
Reading, PA 19603
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage@abcglaw.com
Clemson N. Page, Jr., ext. 131
VIA SIMULTANEOUS FIRST-CLASS MAIL
AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED
October 20, 2008
Harold M. Rynard
967D West Old York Road
Carlisle, PA 17013
Evelyn M. Rynard
967D West Old York Road
Carlisle, PA 17013
Re: American General Consumer Discount Company, Plaintiff, vs. Harold
M. Rynard and Evelyn M. Rynard, Defendants, No. 06-4967 Civil
Term, Cumberland County Court of Common Pleas
Our File No. L06999-0012
Dear Mr. and Mrs. Rynard:
As you know, we represent American General Consumer Discount
Company. Our client was the successful bidder at the Cumberland County
Sheriff's sale of your property at 967 D West Old York Road, Carlisle, PA 17013
on September 3, 2008. Our client now intends to take possession of the property
and place it on the real estate market, with the proceeds of sale to satisfy your
defaulted mortgage balance.
Accordingly, this letter is your notice to remove yourself, any family
members living with you, and your belongings from the premises no later than
November 15, 2008. If you fail to do so, we will consult with our client regarding
its remedies in the courts. Please cooperate with us in resolving this matter
without further litigation.
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT
36095.1
Harold M. Rynard
Evelyn M. Rynard
October 20, 2008
Page Two
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 MERELY
AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY
WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE.
Sincerely urs,
AJJSTIN BP LAND, CONNOR & GIORGI
CNP:p E---,
cc: Ms. Mandy Durst - American General (Carlisle)
36095.1
r` • %r yrr , rrr(." i 1G fa- li- 9;kao,`.,r r-i
ra
rq ru
Lr $0.421 iiyljj
ra Postage $ R i q (?
'.'
M Certified Fee c
C3 y Postmark O
C3 Return Receipt Fee o n . ??
(Endorsement Required) al O
Restricted Delivery Fee
il0 (Endorsement Required) ° 00 0,
ts`
N Total Postage & Fees $ 5, '3
C3 Sent To
Evelyn M. Rynard
S`treer, Apt No.; ..................... .. .. ..
f`- or PO Box No. 967D West Old York Road
cil sieie,'ZiP;4 " C'3f r5txn-----PA -.1.7013---•------------
urts_mmraylr
?
CC
ra
r_9
Postage
$
U. r
M
O Certified Fee $2.70 Q
Z' 4
M
Return Receipt Fee
(Endorsement Required)
2.20 ?
Postmark
`:. Ham: I y
/
C3
Lrl Restricted Delivery Fee
(Endorsement Required) ?,i7 !O
??
9
r $5z
32
r
u Total Postage & Fees $ .
o sent OHarold M. Rynard
ti
?ieer,Apr'Tr°.; 967D'West -- ---- ---- ------
-Old York ---
Road
or PO Box No.
----------------------------- ---------
City, State, ZIP+4 ---------------------------•...
Carlisle PA 17013
PS Form :0
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Evelyn M. Rynard
967D West Old York Road
A. Si nat r
x /r t
? Addressee:
B. Received by (Printed Name) C. Date of Delivery.M,
er"" ' 9
D.Isbel addreeg'diller6ritfromiterrij? Oyes
rlf S, egterdelive_t address below: ? No
?T
- `r
Carlisle, PA 17013
3. Se'ceType
99Certified Asti' `- .Express Mail
? Reg"isteced..GRetum Receipt for Merchandise
? Insureii'Mdil '-[I
C.O.D.
4. Restricted Delivery? (Eden Fee) ? Yes
2. Article Number
(ftrisferfrom service IaW 7006 2150 0003 1517 1472
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Harold M. Rynard
967D West Old York Road
Carlisle, PA 17013
A.
B.' Received by (Printed Name) t C. Date of Delivery
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
. ... ?-.
3. ServideType'
® Certified Mail ? Express Mail
? Registered IR Ret6r.r( Rpceipt for Merchandise
? Insured Miil._ > Q`C O.D. `
4. Restricted DeltveWfC'atr3 Fee) ? Yes
2. Article Number
(rransfer from service law ?006 2150 0003 1517 1489
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1546
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P .O. Box 8621
Reading, PA 19603
One piece of ordinary mail addressed to:
Evelyn M. Rynard
967 D West Old York Road
Carlisle, PA 17013
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.O, Box 8621 n R
Reading. PA 19603
One piece of ordinary mail addressed to: (7%
Harold M. Rynard
O
967D West Old York Road sN
Carlisle, PA 17013
2
I,
z 7h
c'
a ul?;
co C)
r
A' b
oc g ' I
pi
1
fe ,, r «
u: Q, .:
Q ty. v+;,?.^,I,? C(I)
J
f:L
f .
r? S:
r?
•
r"
PS Form Ski 11, January 2001
,:A,. 0 0- 7.2tjag-&'4Z§r? w AWAE1 ??;'$>ttr l i s l e
iii • 11R!R?t '';.'c'.i:'a:•: ? ;,
(AGCDC v. Arl*rd L06999-0012)
1, Mandy Durst, hereby
Pennsylvania branch office of
named as Plaintiff in the
O rC '':xAm at cd.to make d
"M therfortgoing pleading. The*
comPlete to the best of my knows!
i
that Y am l'anager of the Carlisle,
ican General Consumer Discount Company,
)leading, a#d that in my capacity as such
}a.
Voriticatit on the Plaintitl~s.
;Rk. '
t
true. rV?!f .?I?': y. ?i?? ?1. rl:• ?' '' la•Y'f ..} ? '.??Aj, l!:
As stated therein are 1 $?
L .
1e infonwa on and belief. :•'Itlx',"':•. ., ::rv:' ..
t t0 the ?•?'r• .,., • ,', . , -
prgvisions of 1$ Ps, C.
"des. `. ;`;y• }? ?'rf?FSS:?':•
'ns to
For Amci C3tneral Conte ; ..
CompanT,
Pralwa
:I `
Yl .
J,:rye
k.:
L .1 t.k ..
?
t
• a::. n r
?,: h •.
d
VA.
• '
?
? ?
i.".: ?..'?Aj ?i,!;''t/:}.:fir. ?:
610 372
A
61 a> MW4 1491 cazlisle
: /,? .
(AGCDC v. Rynard L06999-0012)
VERIFICATION of FACSIMILE SIGNATURE
I, Clemson N. Page, Jr., Esquire, verify that I am a member in good standing
of the Bar of the Supreme Court of Pennsylvania, and that I am engaged as
counsel for American General Consumer Discount Company, named as Plaintiff in
the foregoing pleading. I have prepared the foregoing pleading on the basis of
information which my client has supplied to me, and verified the same. The facts
stated therein are true, correct and complete to the best of my knowledge,
information and belief.
The facsimile Verification also attached to this pleading was forwarded to
me by the authorized agent of the Plaintiff named therein, after review of a copy of
the Complaint by facsimile and discussion of the same with counsel, and is a true
verification.
I make this verification subject to the provisions of 18 Pa. C. S. § 4904,
which penalizes unsworn falsifications to authorities, and further subject to the
Attorney Disciplinary Rules of the Supreme Court of Pennsylvania.
Dated: December 22, 2008.
Pennsylvania Attorney No. 25616
Attorney for Plaintiff.
4,F
00
t
s?
-v
d
?F
r-l
r
C. J
^'CJ
?n
c
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07443 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL CONSUMER DISC
VS
RYNARD HAROLD M ET AL
TIMOTHY BLACK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
RYNARD HAROLD M the
DEFENDANT
, at 1410:00 HOURS, on the 29th day of December , 2008
at 967D WEST OLD YORK ROAD
CARLISLE, PA 17015
HAROLD M RYNARD
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
6.30
.56 6
10.00 R. Thomas Kline
.00
34.86 12/30/2008
AUSTIN BOLAND CONNOR
By: _ /
4. 0 day /Deputy Sheriff
A.D.
??.,>
. '•
_
ti.? ?
c??
-a=
;., , ???.
?:?:a
r?, ?;
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07443 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL CONSUMER DISC
VS
RYNARD HAROLD M ET AL
TIMOTHY BLACK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
RYNARD EVELYN M the
DEFENDANT , at 1410:00 HOURS, on the 29th day of December-, 2008
at 967D WEST OLD YORK ROAD
CARLISLE, PA 17015
by handing to
HAROLD M RYNARD, HUSBAND
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00 _
.00
10.00 R. Thomas Kline
.00
16.00 12/30/2008
AUSTIN BOLAND CONNOR
By.
day eputy Sheriff
A.D.
"'7
_, ?J
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L06999-0012
P.O. Box 8521
Reading, PA 19603 AGFS Acct. No. 13512019
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage a abcglaw.com
AMERICAN GENERAL CONSUMER IN THE COURT OF COMMON PLEAS,
DISCOUNT COMPANY, CUMBERLAND COUNTY,
Plaintiff, : PENNSYLVANIA
VS.
HAROLD M. RYNARD and EVELYN M.
RYNARD,
Defendants.
No. 2008-07443 P
CIVIL ACTION -- LAW
Ejectment
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of the Plaintiff and against the
Defendants, jointly and severally, for possession of the premises generally known
as 967D West Old York Road, Carlisle, PA 17013, and the costs of this proceeding,
by reason of the Defendants' having failed to respond to the Plaintiff's Complaint
in Ejectment.
I certify that I have given written notice to the Defendants of the Plaintiff's
intention to seek judgment on or after this date in the absence of any response to the
said Complaint. A true and correct copy of that notice is attached hereto, together
with Postal Service mailing receipts, and made a part hereof.
Dated: February 5, 2009. AUSTIN, BOLAND, CONNOR & GIORGI
By 01AI , , - - -- -
For a' iff.
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L06999-0012
P.O. Box 8521
Reading, PA 19603 AGFS Acct. No. 13512019
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage(a4abcglaw.com
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
No. 2008-07443 P
HAROLD M. RYNARD and EVELYN M.
RYNARD, CIVIL ACTION -- LAW
Defendants.
Ejectment
NOTICE DATED JANUARY 20, 2009
To:
Harold M. Rynard
967D West Old York Road
Carlisle, PA 17015
(Personally served at above address
by Sheriff 12/29/2008, per return
filed of record.)
Evelyn M. M. Rynard
967D West Old York Road
Carlisle, PA 17015
(Served at above address by Sheriff
12/29/2008, per return filed of
record.)
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 (10) DAYS FROM THE DATE OF THIS NOTICE (that is, on or before
January 30, 2009), A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
-1-
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
610-377-5400 or 800-990-9108
Clemson N. P g , , squire
Attorney for Plaintiff.
THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS
PURPOSE. IN THE EVENT YOU HAVE RECEIVED A DISCHARGE OF
PERSONAL INDEBTEDNESS IN BANKRUPTCY PROCEEDINGS. THEN
THIS COMMUNICATION IS TO BE CONSTRUED ONLY AS AN
ACTION TO ENFORCE A POSSESSORY INTEREST IN PROPERTY
WHICH SURVIVES DISCHARGE IN BANKRUPTCY.
Information copy to:
Ms. Mandy Durst, Branch Manager
American General Consumer Discount Company
6 South Hanover Street
Carlisle, PA 17201
-2-
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
+4 North Sixth Street, P.O, Box 8521
Reading, PA 19603
One piece of ordinary mail addressed to:
Evelyn M. Rynard
967D West Old York Road
Carlisle, PA 17013
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAIUNG
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor Giorgi
44 North Sixth >treet, P.O. Box 3521
Reading, PA 19603
One piece of ordinary mail addressed to:
Harold M. Rynard
967D West Old York Road
Carlisle, PA 17013
? a
4
n' c A CL
k ?
O?VNO
PS Form 3817, January 2001
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L06999-0012
P.O. Box 8521
Reading, PA 19603 AGFS Acct. No. 13512019
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage@abcglaw.com
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
No. 2008-07443 P
HAROLD M. RYNARD and EVELYN M.
RYNARD, CIVIL ACTION -- LAW
Defendants.
Ejectment
VERIFICATION THAT THE DEFENDANTS ARE NOT IN
THE ACTIVE MILITARY OR NAVAL SERVICE OF THE
UNITED STATES OF AMERICA
I, Clemson N. Page, Jr., Esquire, attorney for American General Financial
Services, Inc., Plaintiff, hereby verify that, to the best of my knowledge,
information and belief, after reasonable inquiry, neither Defendant Harold M.
Rynard nor Defendant Evelyn M. Rynard is on active duty in the military or naval
services of the United States of America; said Defendants are therefore not under
the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
The Defendants' last known address, according to the Plaintiff's records, is
967D West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013, at
which address the Sheriff personally served the Defendants with initial process in
-1-
f
this case.
I make this Verification subject to the Attorney Disciplinary Rules of the
Supreme Court of the Commonwealth of Pennsylvania and 18 Pa. C. S. § 4904,
which penalizes unsworn falsifications to authorities.
Dated: February 5, 2009.
AUSTIN, BOLAND, CONNOR & GIORGI
By J ? I , '?111 ( 7"'?
Cletus n age r Esquire
Attorney for Plai ' .
Information copy to:
Ms. Mandy Durst, Branch Manager
American General Financial Services, Inc.
6 South Hanover Street
Carlisle, PA 17201
-2-
TIO,
f
s
C" c:,
?
*Tl
90
?y
?
?
Q(3V -n ^I?
^1I{"?
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Harold M. Rynard
967D West Old York Road
Carlisle, PA 17013
Re: American General Consumer Discount Company, Plaintiff, vs.
Harold M. Rynard and Evelyn M. Rynard, Defendants, No. 2008-
07443P, Cumberland County Court of Common Pleas
To the Above-Named Defendant:
American General Financial Services, Inc., Plaintiff in the above-captioned
action, on this date has entered judgment against you in the Court of Common Pleas
of Cumberland County, Pennsylvania, for possession of the Plaintiff's property at
967D West Old York Road, Carlisle, Cumberland County, PA 17013,together
with the costs of this proceeding.
Enclosed are true and correct copies of the following documents which the
Plaintiff has filed with the Court:
1. Praecipe for Entry of Judgment by Default.
2. Verification re Defendants' Active Military Status.
This Notice is given to you pursuant lo Pa. R. Ci P. 236.
UMft7UNTY
PROTHONOTA By
Deputy
34087.1
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Evelyn M. Rynard
967D West Old York Road
Carlisle, PA 17013
Re: American General Consumer Discount Company, Plaintiff, vs.
Harold M. Rynard and Evelyn M. Rynard, Defendants, No. 2008-
07443P, Cumberland County Court of Common Pleas
To the Above-Named Defendant:
American General Financial Services, Inc., Plaintiff in the above-captioned
action, on this date has entered judgment against you in the Court of Common Pleas
of Cumberland County, Pennsylvania, for possession of the Plaintiff's property at
967D West Old York Road, Carlisle, Cumberland County, PA 170134ogether
with the costs of this proceeding.
Enclosed are true and correct copies of the following documents which the
Plaintiff has filed with the Court:
1. Praecipe for Entry of Judgment by Default.
2. Verification re Defendants' Active Military Status.
This Notice is given to you pursu o P . R. Ci P. 236.
MB D OUNTY
PROTHONOTA Y
By
Deputy
34087.1
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616
44 North Sixth Street
P.O. Box 8521
Reading, PA 19603
[610] 374-8211
Fax [610] 372-2361
Attorney for Plaintiff
File No. L06999-0012
AGFS Acct. No. 13512019
E-mail: cnpage@abcglaw.com
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
HAROLD M. RYNARD and EVELYN M.
RYNARD,
Defendants.
No. 2008-07443 P
CIVIL ACTION -- LAW
Ejectment
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Kindly issue a Writ of Possession in Ejectment, directing the Sheriff of
Cumberland County to deliver to the Plaintiff exclusive possession of the real
property at 967D West Old York Road, Carlisle, Cumberland County, PA
17013.
Dated: February 5, 2009.
AUSTIN, BOLAND, CONNOR & GIORGI
By N11 1 5??
anti
C4
s-? CIP
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L06999-0012
P.O. Box 8521
Reading, PA 19603 AGFS Acct. No. 13512019
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage@abcglaw.com
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
vs.
HAROLD M. RYNARD and EVELYN M.
RYNARD,
Defendants.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2008-07443 P
CIVIL ACTION -- LAW
Ejectment
WRIT OF POSSESSION
IN EJECTMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO THE SHERIFF:
You are hereby directed to deliver to the Plaintiff exclusive possession of the
following described premises, generally known as967D West Old York Road,
Carlisle, Cumberland County, Pennsylvania 17013:
ALL THAT CERTAIN tract of land situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a railroad spike set in the centerline of LIZ 21009 (PA
Route 174), known as the Old York Road at the dividing line between Lot No.
1 and Lot No. 2 on the herinafter mentioned subdivision plan; THENCE
-1-
VA
i'
along said dividing line North 00 degrees 10 minutes 37 seconds West 229.19
feet to an iron pin; THENCE along the dividing line between Lot No. 2 and
Lot No. 3 on said plan North 89 degrees 46 minutes 10 seconds East 265.10
feet to an iron pin set at lands now or formerly of Donald L. Thrush;
THENCE along said lands now or formerly of Donald L. Thrush South 00
degrees 24 minutes 10 seconds East 229.00 feet to an iron pin set in the
centerline of said Old York Road; THENCE along said centerline of Old
York Road South 89 degrees 43 minutes 40 seconds West 266.00 feet to a
railroad spike, the place of BEGINNING.
CONTAINING 1.213 acres, exclusive of dedicated right-of-way.
TOGETHER WITH AND SUBJECT TO the use of a certain 50-foot
private right-of-way for ingress, egress and regress of the owners of Lots 3, 4,
and 5, their heirs and assigns, in conjunction with the owners of the land
herein described. Construction and maintenance of said right-of-way shall be
the sole responsibility of the owners of Lots 3, 4 and 5 on said plan.
TAX PARCEL NO. 08-11-0294-003D.
TO BE DELIVERED as the property of AMERICAN GENERAL
CONSUMER DISCOUNT COMPANY, Plaintiff herein.
P T OF CUMBERLAND
COUNTY
Dated: a o4 O
By
Deputy.
-2-
u
By virtue of this writ, on the 27th day of Aril , 2009 , I
caused the within named American General Consumer Discount Company , to
have possession of the premises described
967 D West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013.
Sworn and subscribed to before me this
Day of
So Answers,
Sheriff
By ? 117A,.61
i
Sheriff's Return Advance Costs $150.00
Sheriff's Costs 94.96 -?
$ 55.04
Docketing $ 18.00
Poundage
1.86 w
Law Library .50
Prothonotary 2.00
Mileage 12.60
Surcharge 30.00 C>
Possession 30.00
?
$
04
96
y/a 9 /b q
r -r,
,
.
!,
C)
Lv
1
° ZZ -Z d I I ?3? Rz
i
h3 N?
ILA-
O
2 'CI
7v (k c. 4 j j(,
JL. ?2/ 3gg
a
t
along said dividing line North 00 degrees 10 minutes 37 seconds West 229.19
feet to an iron pin; THENCE along the dividing line between Lot No. 2 and
Lot No. 3 on said plan North 89 degrees 46 minutes 10 seconds East 265.10
feet to an iron pin set at lands now or formerly of Donald L. Thrush;
THENCE along said lands now or formerly of Donald L. Thrush South 00
degrees 24 minutes 10 seconds East 229.00 feet to an iron pin set in the
centerline of said Old York Road; THENCE along said centerline of Old
York Road South 89 degrees 43 minutes 40 seconds West 266.00 feet to a
railroad spike, the place of BEGINNING.
CONTAINING 1.213 acres, exclusive of dedicated right-of-way.
TOGETHER WITH AND SUBJECT TO the use of a certain 50-foot
private right-of-way for ingress, egress and regress of the owners of Lots 3, 4,
and 5, their heirs and assigns, in conjunction with the owners of the land
herein described. Construction and maintenance of said right-of-way shall be
the sole responsibility of the owners of Lots 3, 4 and 5 on said plan.
TAX PARCEL NO. 08-11-0294-003D.
TO BE DELIVERED as the property of AMERICAN GENERAL
CONSUMER DISCOUNT COMPANY, Plaintiff herein.
P THO ARY OF CUMBERLAND
COUNTY
Dated: '21co/09
By
Deputy.
-2-
J
II
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L06999-0012
P.O. Box 8521
Reading, PA 19603 AGFS Acct. No. 13512019
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage anabcglaw.com
AMERICAN GENERAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
VS. No. 2008-07443 P
HAROLD M. RYNARD and EVELYN M.
RYNARD, CIVIL ACTION -- LAW
Defendants.
Ejectment
WRIT OF POSSESSION
IN EJECTMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO THE SHERIFF:
You are hereby directed to deliver to the Plaintiff exclusive possession of the
following described premises, generally known as967D West Old York Road,
Carlisle, Cumberland County, Pennsylvania 17013:
ALL THAT CERTAIN tract of land situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a railroad spike set in the centerline of LR 21009 (PA
Route 174), known as the Old York Road at the dividing line between Lot No.
1 and Lot No. 2 on the herinafter mentioned subdivision plan; THENCE
-1-