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HomeMy WebLinkAbout09-8244IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF CIVIL Division Case Number: Type of Pleading VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS CERTIFICATE OF LOCATION 339 GREASON ROAD CARLISLE, PA 17013 WEST PENNSBORO TOWNSHIP PARCEL No: 46-20-1778-032 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) 728-4233 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 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED Case Number: AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF 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 mancinilawfirtn@attomeydanielniancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED Case Number: AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF 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 mancini lawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED Case Number: AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF 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 THIS SUET. 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@attomeydanielniancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Y Case Number: 0 9- S 2- MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-2, 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 17103. JAMES J. RYAN AND SHELLEY R. RYAN are the mortgagors and the recorded owners 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, DIVISION OF AIG FSB, 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 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 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 17103, 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 July 15, 2009, 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 $ 99,466.34 Interest at $18.50 per diem $ 3,028.31 From 06/15/09 to 11/25/09 (based on contract rate of 6.79%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 102.45 Bad Check Fees $ 00.00 Attorney's Fee Total $ 4,973.32 $ 107,570.42 * * Together with interest at the per diem rate noted above after July 15, 2009 and other charges and costs to date of Sheriffs 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 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on September 17, 2009, 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 Defendants have 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% ($18.50 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. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 Date: 1/1912005 Order Number: 000088168 Rea Jjimes Ryan • Shelley Ryan EXHIBIT 'A' 339 GREASON RD CARLISLE, PA 17013 CUMBERLAND County ALL THAT CERTAIN house and lot of ground situate in the Village of Greason, Township of West Pennsboro, 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 (40) feet in front on said street and in depth two hundred (200) feet to said alley, by the same, more or less. DB 219 Page 127 Parcel 046-20-1778-032 Page: 5 of 5 6K t 8 9 6 PG 1090 Time: 11:20:30 AM Order Number 000088168 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielrriancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE: UNDER POOLING AND SERVICING AGREEMENT DATED Case Number: AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF 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 verification from Plaintiff. Dated this 25th Day of November, 2009 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 65? o? FlLEJ-~~i~~l~E c~~ ?H~ ~~~~r~-;-,~.E,~~~RY 2010 JAN ! 3 P~9 1 ~ 23 Cu~~~_ ~ `':,!tip' IN THE COURT OF COMMON PLEAS OF CUMBERLAND~COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY I, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS CERTIFICATE OF LOCATION 339 GREASON ROAD CARLISLE, PA 17013 WEST PENNSBORO TOWNSHIP PARCEL No: 46-20-1778-032 CIVIL Division Case Number: 09-8244- CIVIL 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 Fairview Drive Monaca, PA 15061 (724) 728-4233 ~f' `--'/ By: DANIEL J. MANCINI, ESQ. PA LD. No. 39353 $1'~. OO p !J pl~T~/ I~T~a3~a~ IJo~kc~, I~~la.~-~P t , 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 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY I, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244- CIVIL MORTGAGE FORECLOSURE JAMES J. RYAN and SHELLEY R. RYAN DEFENDANTS 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 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2, c/o Daniel J. Mancini, Esquire, 201A 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 17103 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 $ 99,466.34 Interest at $18.50 per diem $ 3 894.96 From 06/ 15/09 to 01 / 11 / 10 (based on contract rate of 6.79%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 102.45 Bad Check Fees $ 00.00 Attorney's Fee $ 4,973.32 Total $ 108,437.07 I hereby certify the (1) the addresses of the Plaintiff and Defendants are as shown 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: f /O J, PROTHONOTARY **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)728-4233 mancini lawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY I, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244- CNIL MORTGAGE FORECLOSURE JAMES J. RYAN and SHELLEY R. RYAN DEFENDANTS AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have complied with Act 6 and Act 91 of 1983, notice requirements in the above-captioned matter. ~~~ Daniel J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esy. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 150b1 (724)728-4233 mancini lawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY I, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244- CIVIL MORTGAGE FORECLOSURE JAMES J. RYAN and SHELLEY R. RYAN DEFENDANTS 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 TRU5T COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-2, being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owners of 339 GREASON ROAD, CARLISLE, PA 17103, the real property to be sold in the within execution and the Defendants in the judgment are JAMES J. RYAN and SHELLEY R. RYAN, whose last known address is 339 GREASON ROAD, CARLISLE, PA 17103. DATE: JAN. 11, 2010 ~ ~,) /~ DANIELf 'J~M~ANCINI, ESQUIltE 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@attorneydanielmancini. com IN THE COURT OF• COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CNIL Division Case Number: 09-8244- CNIL MORTGAGE FORECLOSURE JAMES J. RYAN and SHELLEY R. RYAN DEFENDANTS 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 contemplated by the Soldier's and Sailor's Civil Relief Act, as amended. This affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 339 GREASON ROAD, CARLISLE, PA 17103. By: ~f - l Daniel J. Mancini, Esq. SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas KIlne Sheriff Ronny R Anderson 4°a"~" °t ~"0iaer4~ Ch/ef l7epufy Jody S Smith ~n • :~},~- CiviJProcess Sergeant ove~ce cr rrs skerlFF Edward L Schorpp Soficrtor Deutsche Bank National Trust Co. vs. Case Number James J. Ryan 2009-8244 SHERIFF'S RETURN OF SERVICE 12/03/2009 08:35 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2009 at 2035 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James J. Ryan, by making known unto himself personally, at 339 treason Road, Carisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hin personally the said true and correct copy of the same. 12/03/2009 08:35 PM -Noah Cline, Deputy Sheriff, who being duly swum according to law, states that on December 3, 2009 at 203b hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shelly R. Ryan, by making known unto herself personally, at 339 treason Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same lime handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWERS, ~~ ~~ December 04, 2009 R THOMAS KLI~NE, SHERIFF Deputy Sheriff ;c) Canhssx SltmiR. 7NaoBOQ Irc. Daniel Mancini & Associates Daniel I. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 1506i (724)728-4233 mancinilawfinn(~anomey~nielmancini.com s f~ J! $~ e O eI IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS JAMES J. RYAN AND SHELLEY R RYAN DEFENDANTS TO: JAMES J. RYAN 339 GREASON ROAD CARLISLE, PA 17103 DATE OF NOTICE: DECEMBER 24.2009 CNIL Division Case Number: 09-8244- CNIL MORTGAGE FORECLOSURE T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS ~: YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS IN, AND ANY INFORMATION OBTAINED FROM YOU WILL ~LPOSE. )F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ~RCEMENT OF LIEN AGAINST PROPERTY. DrIPORTANT NOTICE ~, Daniel J. Mancini, Esquire Attorney for Plaintiff ~ you have failed to enter a written appearance personally or by attorney your defenses or objections to the claims set foNr against you. Unless you date of flue notice, a Judgment maybe entered against you without a Jroperty or other important rights. You should take this notice to a lawyer t+yer or cannot afford one, go to or telephone the following office to find I: Lawyer Referral Services ~uth Bedford Street, Cazlisle, PA 17013 (717)249-316b : NLL 6 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 roancinilaw&rn~(~attorneydanielmencini.com ~~ $~ P IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEX HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS TO: SHELLEY R. RYAN 339 GREASON ROAD CARLISLE, PA 17103 DATE OF NOTICE: DECEMBER 24.2009 CIVIL Division Case Number: 09-8244- CIVIL MORTGAGE FORECLOSURE !T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS I YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS =IN, AND ANY INFORMATION OBTAINED FROM YOU WILL t2POSE. TF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE ;THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE '~; BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE Fuse you have failed to enter a written appearance peraonapy or by attorney t your defenses or objections to the claims set forth against you. Unless you e date of this notice, a Judgment maybe entered against you without a property or other important rights. You should take this notice to a lawyer wyer or cazmot afford one, go to oz telephone the following office to find p' Lawyer Referral Services path Bedford Street, Cazlisle, 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 mancini lawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244- CNIL MORTGAGE FORECLOSURE JAMES J. RYAN and SHELLEY R. RYAN DEFENDANTS RULE 236 NOTICE OF DEFAULT To: JAMES J. RYAN 339 GREASON ROAD CARLISLE, PA 17103 You are hereby notified that the following Order, Decree or Judgment has been entered against you on A Judgment of Default in the amount of $ 108,437.07 plus costs. P onotary 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@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244- CIVIL MORTGAGE FORECLOSURE JAMES J. RYAN and SHELLEY R. RYAN DEFENDANTS RULE 236 NOTICE OF DEFAULT To: SHELLEY R. RYAN 339 GREASON ROAD CARLISLE, PA 17103 You are hereby notified that the following Order, Decree or Judgment has been entered against you on A Judgment of Default in the amount of $ 108,437.07 plus costs. ~- onotary 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 OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Deutsche Bank National Trust Co. vs. James J. Ryan (et al.) ...._ ~ - r r~ Case Number 2009-8244 SHERIFF'S RETURN OF SERVICE 06/25/2010 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 06-25-2010 at 0745 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 james J. & Shelly R. Ryan, located at, 339 treason Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/30/2010 09:41 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1C at 2015 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: Shelly R. Ryan, by making known unto, Shelly R. Ryan, personally, at, 339 Greason Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2010 09:41 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 613011[ at 2015 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: James J. Ryan, by making known unto, James J. Ryan, personally, at, 339 Greason Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/02/2010 As directed by Daniel J. Mancini, Attorney for the Plaintiff, Sheriff's Sale Continued to 11/3/2010 10!01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Mancini on 10/1/10 SHERIFF COST: $746.28 SO ANSWERS, October 01, 2010 RON R ANDERSON, SHERIFF , . ~~ n ~,,, „f1e i w 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 UNDER POOLING AND SERVICING AGREEMENT DATED Case Number: 09-8244-CIVIL AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2, 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 339 GREASON ROAD, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): James J. Ryan Shelley R. Ryan 339 treason Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: James J. Ryan Shelley R. Ryan 339 Greason Road Carlisle, PA 17013 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 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 701 CORPORATE CENTER DRIVE, RALEIGH, NC 27607 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, Pa 15061 09-8244-CIVIL RECORDED 1/13/2010 AMOUNT: $108,437.07 PALISADES COLLECTION LLC P.O. BOX 1244, ENGLEWOOD CLIFFS, NJ 07632 #04-4496 RECORDED 09/07/2004 AMOUNT: $2,712.95 06-02 _~ CAPSTAL ONE BANK 6851 JERICHO TURNPIKE #190, SYOSSET, NY 11791 #06-6276 RECORDED 11/26/2006 AMOUNT: $2,531.98 Name and address of the last recorded holder of every mortgage of record: First Union Home Equity Bank, N.A. 8740 Research Drive, Charlotte, NC 28262-8570 300 N. Greene Street, Greensboro, NC 27401-22bb MBV-PG 1338-400 RECORDED 8!28!1996 AMOUNT $13,500.00 Household Finance Corp 301 S. College Street, Charlotte, NC 28288 MBV&PG 568-379 RECORDED 2/6/1998 AMOUNT $13,500.00 American General Finance 6 S. Hanover Street, Carlisle, PA 17013 MBV&PG 135b-166 RECORDED 12/12/1996 AMOUNT $10,695.32 WILMINGTON FINANCE DIV OF AIG FSB 401 PLYMOUTH ROAD, SUITE 400, PLYMOUTH MEETING, PA 19432 MBV & PAGE 189b-1091 RECORDED 02/02/2005 AMOUNT: $23,300.00 5. Name and address of every other person who has any record lien on the property: UNKNOWN b. Name and address of every other person who has any record interest in the property and whose interest may be affected by the Sale: Deborah W. Piper 350 Barnstable Road Carlisle, PA 17013 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 Department of Revenue, Bureau of Compliance Sheriff Sale Section, PO Box 281230 Harrisburg, PA 17128-1230 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 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 and cone to the best of my knowledge, information or belief. I understand that false statements here' are made sub ect to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. ~ Dated this 22ND Day of March 2010 AGiancini, Esq. Bar No.: 39353 06-02 Daniel l~Qancini c4i 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 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244-CIVIL MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS LONG PROPERTY DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of treason, Township of West Pennsboro, 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 (40) feet in front on said street and in depth two hundred (200) feet to said alley, by the same, more or less. BEING the same premises which James J. Ryan and Shelley R. Ryan, by deed dated June 9, 1999 and recorded July 30, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, in Record Book 204, Page 928, granted and conveyed unto Northwest Bank Minnesota N.A., the grantor herein. UNDER AND SUBJECT to covenants, easements, and restrictions of record. DWELLING KNOWN AS 339 GREASON ROAD, CARLISLE, PA 17013 IMPROVEMENTS RESIDENTIAL DWELLING IDENTIFIED as TAX/PARCEL ID#: 4b-20-1778-032 in the De Registry Office of Cumberland County, Pennsylvania. , J. D~Iancini, Esquire ~v for Plaintiff ,.. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 manc inilawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY I, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244-CIVIL MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS 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: September 8, 2010 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 339 GREASON ROAD, CARLISLE, PA 17013 ALL THAT CERTAIN house and lot of ground situate in the Village of treason, Township of West Pennsboro, 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 (40) feet in front on said street and in depth two hundred (200) feet to said alley. THE LOCATION of your property to be sold is: 339 GREASON ROAD CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 09-8244-CIVIL .. ~ . THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JAMES J. RYAN AND SHELLEY R. RYAN A SCHEDULE OF DISTRIIiUTION, 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. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF 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 BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken 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 aze 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 pazagraphs 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 obtaine om the wi~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) 728-4233 mancinilawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 PLAINTIFF VS CIVIL Division Case Number: 09-8244-CIVIL MORTGAGE FORECLOSURE JAMES J. RYAN AND SHELLEY R. RYAN DEFENDANTS LONG PROPERTY DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of treason, Township of West Pennsboro, 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 (40) feet in front on said street and in depth two hundred (200) feet to said alley, by the same, more or less. BEING the same premises which James J. Ryan and Shelley R. Ryan, by deed dated June 9, 1999 and recorded July 30, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, in Record Book 204, Page 928, granted and conveyed unto Northwest Bank Minnesota N.A., the grantor herein. UNDER AND SUBJECT to covenants, easements, and restrictions of record. DWELLING KNOWN AS 339 GREASON ROAD, CARLISLE, PA 17013 IMPROVEMENTS RESIDENTIAL DWELLING IDENTIFIED as TAX/PARCEL ID#: 46-20-1778-032 in the ed Regi try Office of Cumberland County, Pennsylvania. F(Iancini, Esquire for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8244 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under Pooling and Servicing Agreement Dated as of Mayl, 2005, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2, Plaintiff (s) From JAMES J. RYAN and SHELLEY R. RYAN (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 $108,437.07 L.L.$.50 Interest from 6/15/09 to Date of Sale (based on contract rate of 6.79%) Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Other Costs Plaintiff Paid Date: 3/26/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL J. MANCINI, ESQUIRE Address: DANIEL MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, ~._ a '~-'~~~ Known and numbered as, 339 Grreason Road, -_ ~ C~lisle, more fully described on Exhibit "~" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ~~~ Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), 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 regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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 chazacter of publication aze true. Marie Coyne, TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY Nly ComiMasion Expina Apr 28, 2014 Writ lls. 2009-a944 Civil Deutsche Bank National Trust Co. As Trustee for Stanley IRIS Real Estate Capital Trust 2006-1 vs James J. Ryan Shelly R. Ryan Atty.: Daniel J. Mancini ALL THAT CERTAIN house and lot of ground situate in the Village of Greason, Township of West Penns- boro, 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 (40) feet in front on said street and in depth two hundred (200) feet to said alley, by the same, more or less. BEING the same premises which James J. Ryan and Shelley R. Ryan, by deed dated June 9, 1999 and recorded July 30, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, in Record Book 204, Page 928, granted and conveyed unto Northwest Bank Minnesota N.A., the grantor herein. UNDER AND SUBJECT to cov- enants, easements, and restrictions of record. DWELLING KNOWN AS 339 GREASON ROAD, CARLISLE, PA 17013. IMPROVEMENTS RESIDENTIAL DWELLING. IDENTIFIED as TAX/ PARCEL ID#: 46-20-1778-032 in the Deed Registry Office of Cumberland County, Penn- sylvania. !, ai$~r A 'i`.`. 9t3t.Ali ILi::flQfl Y.1G'~.lf~l~..'~ t'•.~ ..' ' '+' Ei.~~•.iahl(?11Ti~S7 k~ls The Patriot-News Co. - 220 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 71 t'-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 ..... . . .......... Sworn to~ubscribed before rp~thi day of August, 2010 A.D. A~ jJ/ _----__._ _ ~'---` Notary Public COMMONWEALTH OF PENNSYLVANIA w....~.~ Notarial ~i I SCserrie L KlSnf'r=, N:,r~r;: ?uvllr Lower R&xton l`~a}~., :;<u;=c:i7ir: Count/ My Cammissiorr cxplres PJev.:t6, 2i7ii Member, Pennsylvania ,"ssociation of Notaries Wrft No. 2009-8244 CivllTerm Deutsche Bank National Trust Co. As Trustee for Stanley IXIS Real Estate Capita{ Trust 2006-1 vs James J. Ryan Shelty R. Ryan Arty: Daniel J. Mancini ALL THAT CERTAIN house and lot of ground situate in the Yllage of Greason, Township o1 West Pennsboro, County, of Cumberland and State of Pennsylvania, bounded and described as follows: ON THE WEST by Majn 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 (40) feet in fronton said street and io depth two hundred (200) feel to said alley, by the same, more or less. BEING the same premises which James ]. Ryan and Shelley R. Ryan; by deed dated June 9, 1999 and recorded July 30, 1999 in the Office of the Recorder of Deeds iaand for Cumberland County, in Record Book 204, Page 928, granted and conveyed unto Nottllwest Bank Minnesota N.A.; the grantor herein. UNDER AND .SUBJECT to covenants. easements, and restrictions of record. DWELLING KNOWN AS 339 GREASON ROAD, CARLISLE, PA 17013 IMPROVEMENTS RESIDENTIAL DWELLING IDENTIFIED as TAX/PARCEL ID#: 4b- 20-177$-032 in the Deed Registry Office of Cumberland County, Pennsylvania. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-8244 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 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff (s) From JAMES J. RYAN, SHELLEY R. RYAN (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: $108,427.07 L.L.: Interest FROM 1/13/10 TO DATE OF SALE DECEMBER 5, 2012 ONGOING PER DIEM OF $18.50 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $19,573.00 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $940.68 Other Costs: Plaintiff Paid: Date: 8/30/2012 1 1 ~ _ n David D. Buell, Prothono (Seal) Deputy REQUESTING PARTY: Name: SHERRI J. BRAUNSTEIN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER, 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 {,,~ s '. s ° ~ .,~' rvr~~ r Supreme Court ID No. 90675 UDREN LAW OFFICES P C ATTORNEY FOR PLAINTIFF WOODCRSST CORPORATE CENTER 111 WOODCRSST ROAD, SUITS 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsQudrea.com Deutsche Bank National Trust €COURT OF COMMON PLEAS Company, as Trustee Under :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement Dated as of May 1, 2005 Morgan Stanley Home :MORTGAGE FORECLOSURE Equity Loan Trust 2005-2 Mortgage Pass-Through Certificates, Series 2005-2 Plaintiff v. James J. Ryan €NO. 09-8244- Civil Shelley R. Ryan Defendant(s) PRASCIPS TO ISSUE WRIT OF EXECOTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due Z tn~ ~c~ av' ~~ --~ ~~ $108.427.07 Interest From 1 13 10 19,573.00 to Date of Sale December 5, 2012 Ongoing Per Diem of 18.50 to actual date of sale including if sale is held at a later date (Costs to be added) ~g~' ~ a ~- ~.`~o ~ ~ a~ «,~ ~i8.sa u„ u ~~ ~ y ~ Ov ~ ~~ ~y. oo A~ ~ ,tog p UDREN LAW OFFICES, P.C. BY : _ ~-- Attorne for Plaint Sherri J. Braunstein, Esquire PA ID 90675 ra x• ca -v N us t ;, ~,~ r=z -c r+n -~~i -,-; ca-~ -~- ~~ 5 .~.,~ a g ~'3a ~r ~~- ~ ~~ Tss~ed IIDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTI WOODCREST CORPORATE CENTER ~ ~ ~ ~~ _ ~ ~. ~ ~ ~ 111 WOODCRSST ROAD, SIIITE 200 #F~. k ~~fu t~~f~~#~~f~Cl~a~•,,, CHERRY HILL, NJ 08003-3620 856-669-5400 ~~~~ Q~~ ~~ ~~ ~~~ ~~ pleadingsQudren. COm -.~„ w ~,n nrst,t~rv o~v~ ~~ Deutsche Bank National Trust ~ Company, as Trustee Under Pooling and Servicing Agreement Dated as of May 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-2 Mortgage Pass-Through Certificates, Series 2005-2 Plaintiff v. jy~.~ COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE James J. Ryan Shelley R. Ryan Defendant (s ) NO. 09-8244- Civil C E R T I F I CAT E I hereby state that as the attorney for the Plaintiff in tr above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN ~,w __~CES , P . C . BY : ( ~,~/ Attorneys for Plaintiff Sherri J. Braunstein, Esquire PA ID 90675 1 r IIDREN LAW OFFICES, P.C. ATTORNEY WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, 3IIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiagsQttdren.com FOR PLAINTI Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee Under :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement Dated as of May 1, 2005 Morgan Stanley Home :MORTGAGE FORECLOSURE Equity Loan Trust 2005-2 Mortgage Pass-Through Certificates, Series 2005-2 Plaintiff v. James J. Ryan €NO. 09-8244- Civil Shelley R. Ryan Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 a "`' -cs 7" ~~ ~ ar w ~~ o ~~ -a ~~ N ~'' Z v --+ -~ Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement Dated as of May 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-2 Mortgage Pass-Through Certificate: Series 2005-2, Plaintiff in the above action, by its undersignec attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Executic was filed, the following information concerning the real properi located at: 339 treason Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address James J. Ryan Shelley R. Ryan 339 Greason Road Carlisle, PA 17013 339 Greason Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment i; a record lien on the real property to be sold: Name Address ~°° ~~, ~~~ ~ ~-, c~ s-: p' ;~ Capital One Bank 6851 Jericho Turnpike, #190 Syosset, NY 11791 ! Palisades Collection, LLC P.O. Box 1244 Englewood Cliffs, NJ 07632 4. Name and address of the last recorded holder of every mort of record: Name Address Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement Dated as of May 1, Morgan Stanley Home Equity Loan Trust 2005-2 Mortgage Pass-Through Certificates, Series 2005-2 PO Box 105460 Atlanta, GA 30348-5460 2005 American Gerneral Finance Household Finance Corp Wilmington Finance, Div of AIG, FSB 6 S. Hanover Street Carlisle, PA 17013 301 S. College Street Charlotte, NC 28288 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 5. Name and address of every other person who has any record li on the property: Name ~ Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 28120 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 339 treason Road Carlisle, PA 17013 f t~ I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties o 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 28, 2012 UDREN ES, P.C. BY: Attorne laintiff Sherri 7. Braunstein, Esquire PA ID 90675 V ` I UDREN LAW OFFICES, P.C. ATTORNEY } WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiags~udren.com FOR PLAINTI Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee Under :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement Dated as of May 1, 2005 Morgan Stanley Home ;MORTGAGE FORECLOSURE Equity Loan Trust 2005-2 Mortgage Pass-Through Certificates, Series 2005-2 Plaintiff v. James J. Ryan €NO. 09-8244- Civil Shelley R. Ryan Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL FROPERTY TO: James J. Ryan 339 Greason Road Carlisle, PA 17013 w~ Nf..~ ~,, -G ~ ~~ ZC3 ~„C z _~ N C G`~ w Your house (real estate) at 339 Greason Road, Carlisle, PA 170 is scheduled to be sold at the Sheriff's Sale on December 5, 2012, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA to enforce the court judgment of $108,427.07, obtained by Plaintiff above (the mortgagee} agains you. If the sale is postponed, the property will be relisted f the Next Available Sale. NOTICE OF OWNER'S RIGSTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back paym late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~.=~ --~ °rl s,-1--- --c ~-~y 4 V --+c.~ p Z C C7 ~-~~ --~ ~ ~' You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice c page two on how to obtain an attorney.) __ T- _ _ _ _ _ _ __ T- - , YOII MAY STILL BE ABLE TO SAVE YOIIR PROPERTY AND YOII HAVE OTHER RIGHTS EVEN IF THS SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if t: bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amou. due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At th time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOIIR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Lawyer Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Lawyer Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCRLST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Deutsche Bank National Trust : COURT OF COMMON PLEAS Company, : CIVIL DIVISION as Trustee Under Pooling and : Cumberland County Servicing Agreement Dated as of May 1, 2005 : NO. 09-8244- Civil Morgan Stanley Home Equity Loan Trust 2005-2 Mortgage Pass-Through Certificates - ,. tV Cn Series 2005-2 PO Box 105460 ' Atlanta, GA 30348-5460 Plaintiff cm V. 1 James J. Ryan Shelley R. Ryan 339 Greason Road Carlisle, PA 17013 Defendant (s) PRAECIPE TO WITHDRAW JUD04ENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY. Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. 5�e 01 000-1 At orney for Plaintiff DATED: March 20, 2 013 Katherine E.Knowlton,Esq PA ID 311713 11010766-1 l�4q .ISD"-pa