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HomeMy WebLinkAbout08-7495IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: Type of Pleading VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS CERTIFICATE OF LOCATION 339 GREASON ROAD CARLISLE, PA 17013 VILLAGE OF GREASON PARCEL No: 46-20-1778-032 Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: a Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 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@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS 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 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSAPJO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAPJO QUE USTED, 0 SU ABOGADO, .REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA JECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. 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 ni lawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS 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 UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN TUIT. Daniel J.` Qancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancin i lawfirm@attomeydanielm ancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS MORTGAGE FORECLOSURE 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 JAMES J. RYAN AND SHELLEY R. RYAN, whose last known address is 339 GREASON ROAD, CARLISLE, PA 17013. JAMES J. RYAN AND SHELLEY R. RYAN are the mortgagors; being the recorded owner of the mortgaged property hereinafter described. 3. On or about, January 26, 2005, JAMES J. RYAN AND SHELLEY R. RYAN borrowed $93,200.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS BANK, this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1896, Page 1074. 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 339 GREASON ROAD, CARLISLE, PA 17013, 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 June 15, 2008, 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 $ 89,709.08 Delinquent Balance, including Interest at $16.69 per diem $ 3,686.72 From 5/15/08 to 12/22/08 (based on contract rate of 6.79%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 222.41 Accrued Late Charges $ 212.45 Bad Check Fees $ 25.00 Attorney's Fee $ 4,485.45 Total $ 98,341.11 ** Together with interest at the per diem rate noted above after June 15, 2008 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 August 18, 2008, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendants are not members 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 6.79% ($16.69 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. rC11 Daniel J. ancini, Esq. Attorney Bar: PA 39353 I 01/31/05 16:52 • order Wmbar: 000088168 i 'i x 46 Re: slow* Alf" 339 GREASON RD 8wIsy Ryan CARLISLE, PA 17013 CUMBERLAND County x=z9IT W AM THAT CERTAYN house and lot of ground situate in the village of Cresson, Township of West Pennsboto, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON THE WEST by Main Street; on the North by lot of ground now or late of Mrs. Bessie Warner; on the East by a twenty (20) foot alley; and on the south by lot of ground now or late of S. C. Burgett. Containing forty (10) foot In front on said street and in depth two hundred (2001 feet to said alley, by the same, more or less. 08 219 Page 127 Paraol 046.20-1778-032 NO. 647 W9 TFne; 1ab0:18IAM I q • Rape: 6 of5 OAWNwnher ©D0W168 • I. • L • 1; 1 , Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS 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 22nd Day of December, 2008 Daniel J. ancini, Esq. Attorney Bar: Pa 39353 c:? ? MM 1 TIM. . f_J'1 _la 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RYAN JAMES J ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RYAN SHELLEY R the DEFENDANT , at 1050:00 HOURS, on the 31st day of December-, 2008 at 339 GREASON ROAD CARISLE, PA 17013 SHELLEY R RYAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 01/02/2009 DANIEL MANCINI By: day Deputy Sheriff A. D. ?-?= ?_. ?_?-s ,? ??r,# r - e ?.;-a .,.,; ?. ,,a ??? ?:?,:: SHERIFF'S RETURN - REGULAR CASE NO: 2008-07495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RYAN JAMES J ET AL NAOH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RYAN JAMES J the DEFENDANT , at 1050:00 HOURS, on the 31st day of December-, 2009 at 339 GREASON ROAD CARISLE, PA 17013 by handing to SHELLEY R RYAN, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 5.40 Ile, .00 10.00 R. Thomas Kline .00 33.40 01/02/2009 DANIEL MANCINI By : day Deputy Sheriff of A. D. r `r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, PLAINTIFF CASE NO. 2008-7495 V. CIVIL TERM JAMES J. RYAN AND SHELLEY R. RYAN, DEFENDANTS PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendants, JAMES J. RYAN AND SHELLEY R. RYAN, in the above captioned case. Respectfully submitted, IRWIN & cKNI T, P.C. yy B y: inarcys cKnight, , Esquire 60 We omfret Street Carlisl , Pennsylvania 17013 (717) Attorney Date: January 16, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, . PLAINTIFF CASE NO. 2008-7495 V. CIVIL TERM JAMES J. RYAN AND SHELLEY R. RYAN, DEFENDANTS CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Daniel J. Mancini, Esq. 201 A Fairview Drive Monaca, PA 15061 IRWIN & McKNIGHT, P.C. By. `Marcus {night, III, quire 60 West P mfret Street Carlisle, P 17013 (717) 249-235 Supreme Court I.D. No. 25476 Date: January 16, 2009 2 n }la ? Mw t ?1 r-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: 08-7495 VS Type of Pleading JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS CERTIFICATE OF LOCATION 339 GREASON ROAD CARLISLE, PA 17013 VILLAGE OF GREASON PARCEL No: 46-20-1778-032 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 Fairview ve Monaca, PA 15 1 (724) 728-423 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 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 08-7495 VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS MORTGAGE FORECLOSURE AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have co ied with Act 6 and Act 91 of 1983, notice requirements in the above-captioned mattJ. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 72$-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 08-7495 VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS MORTGAGE FORECLOSURE 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 15061, and against Defendants JAMES J. RYAN AND SHELLEY R. RYAN, whose last known address is 339 GREASON ROAD, CARLISLE, PA 17013 for 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 Plaintiff's damages as follows: Unpaid Principal Balance $ 89,709.08 Delinquent Balance, including Interest at $16.69 per diem $ 4,668.53 From 5/15/08 to 02/27/09 (based on contract rate of 6.79%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 222.41 Accrued Late Charges $ 242.80 Bad Check Fees $ 25.00 Attorney's Fee $ 4-485.45 Total $ 99,353.99 I hereby certify the (1) the addresses of the Plaintiff and Defendants ara?as,iown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. Daniel J. Mancini, Esq. Attorney Bar No.: 39353 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3I I /M - la? PPR6TH0NpTARj?k "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." Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 08-7495 VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS MORTGAGE FORECLOSURE 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 339 GREASON ROAD, CARLISLE, PA 17013, the real property to be sold in the within execution and the defendants in the judgment are JAMES J. RY AND SHELLEY R. RYAN, whose last known address is 339 GREASON ROAD, LISLE, PA 17013. DATE: FEBRUARY 27.2009 DANIEL J. MANCINI, ESQUIRE Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancini lawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 08-7495 VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS MORTGAGE FORECLOSURE 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. Defendants JAMES J. RYAN AND SHELLEY R. RYAN are over 21 years of age. Defendants are not in the military service of the United States as coLlatedb ier's and Sailor's Civil Relief Act, as amended. This affidavit is made in connection with the judgment upon a note upon the premises located at 339 GREASON ROAD, CARLISLE, PA By: Daniel J. Mancini, Esq. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RYAN JAMES J ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT.- MORT FORE was served upon RYAN SHELLEY R the DEFENDANT at 1050:00 HOURS, on the 31st day of December , 2008 at 339 GREASON ROAD CARISLE, PA 17013 by handing to SHELLEY R RYAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing So Answers: 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 01/02/2009 DANIEL MANCINI Sworn and Subscibed to By: before me this day Deputy Sheriff of SHERIFF'S RETURN? - REGULAR 'CASE NO: 2008-07495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RYAN JAMES J ET AL NAOH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RYAN JAMES J the DEFENDANT at 1050 00 HOURS, on the 31st day of December 2009 at 339 GREASON ROAD CARISLE, PA 17013 by handing to SHELLEY R RYAN, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing So Answers: Service 18.00 Affidavit 5.40 Surcharge .00 10.00 R. Thomas Kline .00 33.40 01/02/2009 DANIEL MANCINI Sworn and Subscibed to By: before me this day Deputy Sheriff of I A.D. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS TO: JAMES J RYAN 339 GREASON ROAD CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 6.2009 CIVIL Division Case Number: 08-7495 MORTGAGE FORECLOSURE 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 --iRPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE ?,c?"?°?Ta?q ? BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS tee- 'ORCEMENT OF LIEN AGAINST PROPERTY. 1 P 001''100 T70' P M ' 8 N O O Cl) LL a IMPORTANT NOTICE ause you have failed to enter a written appearance personally or by attorney your defenses or objections to the claims set forth against you. Unless you e date of this notice, a Judgment may be entered against you without a property or other important rights. You should take this notice to a lawyer wyer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, outh Bedford Street, Carlisle, PA 17013 (717) 249-3166 Daniel J. Mancini, Esquire Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS TO: SHELLEY R RYAN 339 GREASON ROAD CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 6.2009 CIVIL Division Case Number: 08-7495 MORTGAGE FORECLOSURE 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 RF T T-,Fn MR TR AT P1 TRPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE sts Post„ THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE ° 'BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS 3RCEMENT OF LIEN AGAINST PROPERTY. P?TNky 00 0.1 ,N 00110 0091673 ?utA AM E d N 0 O W) z a 0 ?g d ?r M LL V) a IMPORTANT NOTICE ruse you have failed to enter a written appearance personally or by attorney k your defenses or objections to the claims set forth against you. Unless you e date of this notice, a Judgment may be entered against you without a property or other important rights. You should take this notice to a lawyer wyer or cannot afford one, go to or telephone the following office to find ?: Lawyer Referral Services, ?uth Bedford Street, Carlisle, PA 17013 (717) 249-3166 Daniel J. Mancini, Esquire Attorney for Plaintiff a D m rTl 4 C - C Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: 08-7495 VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS RULE 236 NOTICE OF DEFAULT To: JAMES J. RYAN 339 GREASON ROAD CARLISLE, PA 17013 You are hereby notified that the following Order, Decree or Judgment has been entered against you on SAdo I A Judgment of Default in the amount of 99 53.99 plus costs. 4bo o t '7- 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 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: 08-7495 VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS RULE 236 NOTICE OF DEFAULT To: SHELLEY R. RYAN 339 GREASON ROAD CARLISLE, PA 17013 You are hereby notified that the following Order, Decree or Judgment has been entered against you on _ y A Judgment of Default in the amount of 99 53.99 plus costs. Pr thonotar 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: 08-7495 VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS Type of Pleading Praecipe to Discontinue And Settle Case in Mortgage Foreclosure Code and Classification: CERTIFICATE OF LOCATION 339 GREASON ROAD CARLISLE, PA 17013 VILLAGE OF GREASON PARCEL No: 46-20-1778-032 Filed on Behalf Of. Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monac `? 1501 (724)7 ? 31 By: DANIE`-NIANCN ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY AS TRUSTEE VS. JAMES J. RYAN FILE NO. 08-7495 SHELLEY R. RYAN PRAECIPE AND POWER OF ATTORNEY TO DISCONTINUE AND SETTLE FORECLOSURE WITH RIGHT TO REFILE 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 WITHOUT Prejudice and costs paid and Plaintiff reserves right to file another foreclosure at should De ndant fail with its obligations to Plaintiff. \ Date: July 22. 2009 WITNESS {if signer is other than a registered attorney}: Attorney Attorney or Notary ng party Daniel J. Mancini, Esq. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED HEREIN ARE MADE SUBJECT TO THE PENALTIE! TO UNSWORN FALSIFICATION TO AUTHORITIES Signature I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE PLAINTIFF Case Number: 08-7495 Type of Pleading VS Praecipe to Satisfy Judgment And Settle Case in Mortgage Foreclosure JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS CERTIFICATE OF LOCATION 339 GREASON ROAD CARLISLE, PA 17013 VILLAGE OF GREASON PARCEL No: 46-20-1778-032 Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Mo if` 6L PA \ 15061 By: DANCINI, ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY AS TRUSTEE VS. JAMES J. RYAN FILE NO. 08-7495 SHELLEY R. RYAN 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 interest and costs, in the ithin matter is acknowledged and Plaintiff reserves right to file a new re? sur Action should Defendant fail in their obligations to Plaintiff. ? Date: July 22, 2009 WITNESS {if signer is other than a registered attorney}: Signatu party Attorney Attorney or Notary Daniel J. Mancini, Esq. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS: AND HEREBY TO UNSWORN FALSIFICATION TO AUTHORITIES Signature 2009 OF THE , .., ?r T? Cu