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HomeMy WebLinkAbout06-2158IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL CIVIL Division ?? _ I ?? d TRUST COMPANY AS TRUSTEE Case Number: C?t.v1.Ci PLAINTIFF Type of Pleading VS Complaint in Mortgage Foreclosure JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANT Code and Classification: Filed on Behalf Of: CERTIFICATE OF LOCATION Plaintiff 1859 RITNER HIGHWAY Counsel of Record: SHIPPENSBURG, PA 17257 Daniel J. Mancini, Esquire TOWNSHIP OF NORTH NEWTON Attorney at Law 201 A Fairview Drive PARCEL No: 30-11-0304-003 Mor?'PA 15061 (7214) 728-4$33 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm n comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 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, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 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 UNIT 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 D T UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOUL CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGA IONS IN THIS SUIT. ameri. Mancini, nsq Daniel Mancini & Associates Daniel J. Mancini, Esq., PA BarID:39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancini lawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, whose address is c/o Mancini & Associates, 201 FAIRVIEW DRIVE, MONACA, PA 15061. 2. Defendants are JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR., whose last known address is 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. JAMIE L. FAHNESTOCK and FLOYD E. BRNTHAFER JR. are the mortgagors and the recorded owner of the mortgaged property hereinafter described. 3. On or about, JANUARY 8, 2004, JAMIE L. FAHNESTOCK and FLOYD E. BRNTHAFER JR executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1853, Page 773. 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 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257, 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 SEPTEMBER 1, 2005, 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 $ 66,592.72 Delinquent Balance, including Interest at $14.14 per diem $ 3,529.14 From 09/01/05 to 04/12/06 (based on contract rate of 7.75 %) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 611.30 Accrued Late Charges $ 79.46 Bad CK Fees $ 00.00 Attorney's Fee $ 3,329.64 Total $ 74,142.26 ** Together with interest at the per diem rate noted above after SEPTEMBER I, 2005 and other charges and costs to date of Sheriff's Sale. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on SEPTEMBER 6, 2005, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure RN REM' for the aforementioned total amount due together with interest at the rate of 7.75 % ($14.14 per diem), together with other charges a cost ncluding escrow advances incidental thereto to the date of Sheriffs Sale and for fore osure an sale of the property within described. amel J. Mancini, Esq. Attorney Bar: PA 39353 (00'+70-1W9) WdL0:t1 9002/OL/t10 I I AFr-10glgt 18:15 FrwPMt1 Ae11alr;f #u "m i-lu ). F-1N SCHEDuLE C L£GAEdE MORK1oM1 ALL THAT MffAW had of OW aWwb 1R NCO NWW TOM". Cenmmisnd Camay, Paln"wAs, bamded ww'Kal'e' ntkw , b wlvdh bpvwmam*mum awedlewwnaeLdXteoo. 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OA.ler b dab aabd apMnigr3T, zOM and ncadedPeengry 11, 20x.1 t7 awReedWrd0a1de 0f1oeNandNrOdrrhsfrdt;anb. PAlnOeadBwtc144 Paprr3680 drraaaand mNeyM unto lantia L F9tMSA0e11, Moyd E arYIB1YfR, X• and 177Fd E Bpi 9r. 1at?653P6??$9 -kM 5T:51 5B,-Bt-M Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION-LAW CASE NO MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS 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 IS Pa. C.S. Sec. 4904 relating to unswom 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 12th Day of April, 2006 Attorney Bar: Pa 39353 ??' ,? ?.., -? ?3 ? ., r. T ` `-• ?.1?I i.., . ,. -' Q? It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 2006-02158 VS JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANT CERTIFICATE OF LOCATION 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 Type of Pleading Motion for Special Service 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 y: B DANIEL J. INI, ES Q. PA I.D. No. 39353 l Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE MOTION FOR SPECIAL SERVICE ORDER PURSUANT TO PA.R.C.P. 410 & 430 AND NOW, comes Plaintiff, by and through its attorney, Daniel J. Mancini, and respectfully moves this Court pursuant to Pa.R.C.P. 410 & 430 for a Special Service Order, and in support thereof states the following: 1. Defendants, JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. are the record owners of a property located at 1859 Ritner Hwy, Shippensburg, PA 17257. Your Plaintiff has filed a Mortgage Foreclosure Action in the Court of Common Pleas, Cumberland County, Pennsylvania on April 17th, 2006. 2. Personal Service of the Complaint was attempted on the Defendants, JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR., by the Cumberland County Sheriffs Department on one occasion. The Sheriff's Return, which is made part of this Motion, indicates in its Affidavit of Return that Service was attempted on April 20tH 2006. The Deputy stated that the house appears vacant and no forwarding address is known. 3. I, Daniel J. Mancini, Esq., have conducted an investigation to determine the whereabouts of said Defendants as set forth in the attached Affidavit, which is incorporated herein, and the last known address that could be found for said Defendants is as follows: 1859 Ritner Hwy, Shippensburg, PA 17257 WHEREFORE, Plaintiffs Attorney respectfully requests the Court to enter a Special Service Order directing service of Complaint of Mortgage Foreclosure upon Defendants JAMIE L. FAHNESTOCK AND FLOYD E. BRANTHAFER JR. as follows: Posting a copy of said Complaint upon the premises at 1859 Ritner Hwy, Shippensburg, PA 17257 Mailing a copy of said Complaint by both Certified Mail, return receipt requested, and ordinary first class mail to said Defendants, JAMIE L. FAHNESTOCK and FLOYD E. FANTHAFER JR, at 1859 Ritner Hwy, Shippensburg, PA 17257, as provided by Rule 430. Ordering publication of the Complaint and Service in the local newspaper and the legal journal, per the local rules of procedure. And any such other method, if any, as the court deems appropriate to give notice to the defendant. Daniel J. Mancini, squire Attomey for Plaintiff VERIFICATION I verify that the statements made in the foregoing Motion for Special Service Order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DANI J. MANCINI AND ASSOCIATES Date: May 22, 2006 By: Daniel J. ancini, Esquire Pittsburgh Bar # 39353 Attomey for Plaintiff 201A Fairview Drive Monaca, PA 15061 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL CIVIL Division TRUST COMPANY AS TRUSTEE Case Number: 2006-02158 PLAINTIFF Type of Pleading VS Affidavit of Investigation in Support of Motion for Special Service JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANT CERTIFICATE OF LOCATION Code and Classification: Filed on Behalf Of: Plaintiff 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-42331 r/ 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@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS GOOD FAITH INVESTIGATION AFFIDAVIT PURSUANT TO PA.R.C.P. 430 I, Daniel J. Mancini, Esq., attorney for Plaintiff, hereby deposes and states as follows: I have conducted an investigation to determine the whereabouts of Defendants, JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR, by making inquiries of or examining the following sources and learned the following respective information regarding said Defendants' last known address: 1. Exhibit A: Cumberland County Sheriff Return of Service: The Deputy, on his Return, dated April 20, 2006, states that one attempt was made on April 20, 2006. Deputy states the house looks to be vacant and no forwarded address is known. 2. Exhibit B: Request for Change of Address or Boxholder Information On his return of said document, the Postmaster of Shippensburg Post Office, Shippensburg, PA 17257, verifies that the Defendants "Moved, left no forwarding address". 3. Exhibit C: National Comprehensive Report of Debtor Discovery: This is a database search which reviews the databases of various governmental agencies such as Department of Motor Vehicles, Social Security, Bankruptcy and other Federal Courts, as well as County Courts and Row Offices. It also provides a report based upon three separate National Credit Reporting Agencies. The data found through this search as of May 17, 2006, has identified the most current known address of JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR as being: 1859 Ritner Hwy, Shippensburg, PA 17257 In light of the investigation as set forth in this affidavit, I believe that the Defendants are avoiding Service of the Complaint for Mortgage Foreclosure. I, Daniel J. Mancini, Esq., verify that the statements made in this Affidavit are true and correct to the best of our knowledge, information, or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DANIEL J. CINI AND ASSOCIATES Date: May 22, 2006 By: Daniel J. Mancini, Esquire Pennsylvania Bar # 39353 Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO-1:, 2006-02158 P COMMONTEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . DEUTSCHE BANK NATIONAL TRUST VS FAHNESTOCK JAMIE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FAHNESTOCK JAMIE L but was unable to locate Her in his bailiwick. He therefore returns the t'r%lkAr%T T TATrTl wx^nT L'lln L7 the within named DEFENDANT 1859 RITNER HIGHWAY NOT FOUND , as to FAHNESTOCK JAMIE L SHIPPENSBURG, PA 17257 1859 RITNER HIGHWAY IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answer Docketing 18.00 Service 17.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 50.60 DANIEL MANCINI 04/20/2006 Sworn and subscribed to before me this day of A. D. Prothonotary Example A SHERIFF'S RETURN - NOT FOUND CASE NO,: 2006-02158 P COMMON?TWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FAHNESTOCK JAMIE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRANTHAFER FLOYD E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to , BRANTHAFER FLOYD E JR 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 1859 RITNER HIGHWAY IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 DANIEL MANCINI 04/20/2006 Sworn and subscribed to before me this day of A. D. Prothonotary Exo-mple- B Mancini & Associates 201A Fairview Drive Wilma ""PA 15o6i Phone (724) 728-4233 Fax (724) 728-4239 mancinilawfirm@comcast.net Daniel J. Mancini, Esq. *Licensed in PA and FL Postmaster Date May 4, 2006 Shippensburg Post Office 46 W King ST Shippensburg, PA 17257-9998 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Jamie L. Fahnestock Address: 1859 Ritner Hwy, Shippensbura, PA 17257 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 4. The court in which the case has been or will be heard: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA - CIVIL DIVISION 5. The docket or other identifying number if one has been issues: 2006-02158 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE `18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with-actual or prospective litigation. Signature 201A Fairview Drive, Address DANIEL J. MANCINI, ESQUIRE Monaca, PA 15061 Printed Name , City, State, ZIP Code FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. NEW ADDRESS or BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS S Mancini & Associates 201A Fai'Mew Drive Mcha?,' PA 15o6i Phone (724) 728-4233 Fax (724) 728-4239 mancinilawfirm@comcast.net Daniel J. Mancini, Esq. "Licensed in PA and FL Postmaster Date May 4, 2006 Shippensburg Post Office 46 W King ST Shippensburg, PA 17257-9998 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Floyd E. Branthafer Address: 1859 Ritner HM, Shippensbura, PA 17257 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself):' ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester. is an attorney. or a party acting pro se - except a corporation acting pro se must cite statutel. N/A 3. The names of all known parties to the litigation: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 4. The court in which the case has been or will be heard: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA - CIVIL DIVISION 5. The docket or other identifying number if one has been issues: 2006-02158 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE -18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature 201A Fairview Drive, Address DANIEL J. MANCINI, ESQUIRE Monaca, PA 15061 Printed Name City, State, ZIP Code FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. NEW ADDRESS o'rVOXHOLDER'S POSTMARK t' 'NAME AND STREET ADDRESS' C. Locator Profile Report on JAMIE L FAHNESTOCK Page 1 of 2 Results Manager Hide Navigation Links Example, C Locator Profile Report Compiled on 5/17/2006 at 9:18AM Reference: None Entered User-Supplied Information Last Name: FAHNESTOCK First Name: JAMIE Middle Initial: L SSN: 209-60-XXXX DOB: 08/XX/1979 Address 1: 1859 RITNER HW SHIPPENSBURG, PA 17257 Sections Available in Report Possible AKAsfor Subject Possible Addresses Associated with Subject JAMIE L FAHNESTOCK DOB: AUG XX,1979 SSN 209-60-XXXX issued in Pennsylvania between 1981 and 1983 Possible AKAs for Subject To Top FOHNESTOCK, J SSN: 209-60-XXXX DOB: 08/XX/1979 Possible Addresses Associated with Subject To Top MAR-2004/3UN-2005 - 1859 RITNER HWY& Consumer Bureau 1 SHIPPENSBURG, PA 17257 Consumer Bureau 3 (717) 530-0457 1859 RITNER HW40 SHIPPENSBURG, PA 17257 The following databases were searched but data for the Subject was not found: High Risk Address, Hunting and Fishing Licenses file://S:\PA NEW SERVER\pennsylvania\OurClients\Rosicki\Current PAFC\Fahnestock ... 5/22/2006 Locator Profile Report on JAMIE L FAHNESTOCK *** End of Report BOBWPSS505/06 24628111 *** Page 2 of 2 file://S:\PA NEW SERVER\pennsylvania\OurClients\Rosicki\Current PAFC\Fahnestock ... 5/22/2006 Locator Profile Report on FLOYD BRANGHAFER Page 1 of 3 Results Manager Hide Navigation Links Locator Profile Report Compiled on 5/17/2006 at 9:18AM Reference: None Entered User-Supplied Information Last Name: BRANGHAFER First Name: FLOYD SSN: 163-58-XXXX Address 1: 1859 RITNER HWY SHIPPENSBURG, PA 17257 Sections Available in Report Possible AKAs for Subiect Possible Other Social Security Numbers Associated with,Subject Possible Other RecordsNames Associated with Social Security Numbers Possible Addresses Associated with Subject Possible_ Relatives (* denotes match with one of Subject's addresses) Other People Who Have Used the Same Address of the Subject FLOYD BRANGHAFER DOB: SEP XX,1976 SSN 163-58-XXXX issued in Pennsylvania between 1977 and 1979 Possible AKAs for Subject To. Top BRANTHAFER, FLOYD FLOYT, BRANGHAFER FLOYD, BRANTHAFER JR BRANTHAFER, FLOYD E JR BRANTHOFER, FLOYD E SSN: 163-58-XXXX SSN: 163-58-XXXX SSN: 163-58-XXXX SSN: 163-58-XXXX SSN: 163-58-XXXX DOB: SEP 1978 Possible Other Social Security Numbers Associated with Subject To Top BRANGHAFER, FLOYD E SSN: 192-34-XXXX DOB:09/XX/1976 Possible Other Records/Names Associated with Social Security Numbers To Top file://S:\PA NEW SERVER\pennsylvania\OurClients\Rosicki\Current PAFC\Fahnestock ... 5/22/2006 Locator Profile Report on FLOYD BRANGHAFER Page 2 of 3 CASTELUCCI, JOHN SSN: 163-58-XXXX FRIEHL, JANE SSN: 163-58-XXXX Possible Addresses Associated with Subject To Top JUN-1993/OCT-2005 - 58 HORN RD* Composite Info SHIPPENSBURG, PA 17257 Consumer Bureau 1 (717) 776-5058 Consumer Bureau 3 MAY-2004/MAY-2004 -1859 RITNER HWY& Consumer Bureau 3 SHIPPENSBURG, PA 17257 Possible Relatives (* denotes match with one of Subject's addresses) To Top (R-1) BRANTHAFER. MELINDA DOB: NOV XX,1969 SSN 163-58-XXXX issued in Pennsylvania between 1977 and 1979 Possible AKA: MELINDA D THORSON SSN: 163-58-XXXX Possible AKA: MELINDA A THORSON SSN: 163-58-XXXX JAN 2003/FEB 2004 - 90 PARKER RDA' (717) 532-3428 NEWVILLE, PA 17241 NOV 1998/NOV 1998 - *58 HORN RDO SHIPPENSBURG, PA 17257 Other People Who Have Used the Same Address of the Subject To Top (* denotes match with one of Subject's addresses) 58 HORN RD SHIPPENSBURG, PA 17257 (O-1) RICHARD D THORSON DOB: 06/XX/1970 SSN 172-66-XXXX issued in Pennsylvania between 1986 and 1987 APR 2004/JAN 2005 - 90 PARKER RD* (717) 532-3428 NEWVILLE, PA 17241 FEB 1995/JUL 2001 - *58 HORN RDO (717) 532-3428 SHIPPENSBURG, PA 17257 The following databases were searched but data for the Subject was not found: file://S:\PA NEW SERVER\pennsylvania\OurClients\Rosicki\Current PAFC\Fahnestock ... 5/22/2006 Locator Profile Report on FLOYD BRANGHAFER High Risk Address, Hunting and Fishing Licenses *** End of Report BOBWPSS408/01 24628147 *** Page 3 of 3 file://S:\PA NEW SERVER\pennsylvania\OurClients\Rosicki\Current PAFC\Fahnestock ... 5/22/2006 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS MEMORANDUM IN SUPPORT OF MOTION FOR SPECIAL SERVICE ORDER Pursuant to Pa.R.C.P. 410 & 430 for a Special Service Order, when attempts of Personal Service are unsuccessful, in this case, the Process Server's Return indicates the house is vacant and no forwarding address is known of, Rule 410 provides that a Special Service Order can be directed by the Judge by one or more of the following methods: • Publication as per provided by Pa R Civ P Rule 410(c) (1). • Posting a copy of the original process on the most public part of the property by Pa R Civ P Rule 410(c) (2). • Registered mail to the defendant's last known address by Pa R Civ P Rule 410(c) (3). • Such other methods, if any, as the court deems appropriate to give notice to the defendant by Pa R Civ P Rule 410(c) (4). Service of process by special order is the exception and not the rule and can only be ordered provided the requirements stated in the Rules have been met. Daniel J. Mancini, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 2006-02158 VS JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANT CERTIFICATE OF LOCATION 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 Type of Pleading Affidavit of Service to Defendants of Motion for Special Service 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@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS AFFIDAVIT OF SERVICE I, DANIEL J. MANCINI, ESQUIRE, attorney for Plaintiff in the above captioned action, deposes and says that on May 22, 2006 he did by ordinary mail addressed to JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR at 1859 Ritner Hwy, Shippensburg, PA 17257, deliver true and correct copies of the Motion for Alternative Service. Dated: May 22, 2006 'C2)' Daniel J. Mancini, squire Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilav4firm@comeast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS NOTICE OF PRESENTATION OF MOTION To: JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR 1859 Ritner Hwy Shippensburg, PA 17257 Dear Mr. BRANTHAFER JR and Ms. FAHNESTOCK, This is to advise you that the within Motion for Special Service will be presented before the Cumberland County Court System against you. You are invited to contest this Motion. Respectf , Danie J. Mancini, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANT CERTIFICATE OF LOCATION 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 CIVIL Division Case Number: 2006-02158 Type of Pleading Order for Special Service 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 Z) , By: DANIEL J. ANCINI, ESQ. PA I.D. No. 39353 r ? `s rea - C r - rr-t . I - f ? - t "Y IN THE COURT OF COMMON PLEAS, CUMBERLAND CO( DEUTSCHE BANK NATIONAL TRUST CIVIL ACTION - COMPANY AS TRUSTEE CASE NO: 2006-C PLAINTIFF VS MORTGAGE FOI JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS ORDER FOR SERVICE AND NOW, to wit, this 30day of M o 2006, - within Motion for Special Service and its supporting Affidavit of Investig Faith Investigation and effort to locate the Defendant has been made by P that service of the Complaint be made upon Defendant JAMIE L. FAHNI BRANTHAFER JR in the following manner: THAT a copy of the Complaint be posted on the premises at 1859 17257. THAT a copy of the Complaint be also sent via Certified Return class mail to said Defendant at 1859 Ritner Hwy, Shippensburg, THAT Plaintiff publish the Complaint and it's Service in the local journal, of this County per the local rules of procedure. AND FURTHER, that in the event this case should be Execution is issued, Service upon the Defendants at the above referen Mq'! '? E IUUo ZVANIA consideration of the it appearing that a Good f, it is hereby ORDERED CK and FLOYD E. Hwy, Shippensburg, PA eipt Mail and ordinary first 17257, and the legal to judgment and a Writ of address by Certified Return Receipt mail and ordinary mail and by posting a copy of the Notice of ale or Sheriffs handbill in the most public part of the premises and by publication by Sheriff pursuan to Pennsylvania Rule of Civil Procedure 3129.2 (d). Service would be complete as described under the service of the Complaint. BY THE COURT 61 3 !d? ! £'W goal ??t-itCt-tt?71?, 1 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANT CERTIFICATE OF LOCATION 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 CIVIL Division Case Number: 2006-02158 Type of Pleading Praecipe to Reinstate 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 mancinilawfinn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint for Mortgage Foreclosure in the above matter. DANIEL J. MANCINI, ESQUIRE ATTORNEY FOR PLAINTIFF f c=? C. cry -d ' tip S nzT . t r' ? t W t < Ga SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-02158 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FAHNESTOCK JAMIE L ET AL Thomas K1 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FAHNESTOCK JAMIE L unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , FAHNESTOCK JAMIE L 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 1859 RITNER HIGHWAY IS VACANT. NO FORWARDING ADDRESS AT POST OFFI Sheriff's Costs: So answer Docketing 18.00 Service 17.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 50.60 DANIEL MANCINI 04/20/2006 Sworn and subscfil5ed ed to before me this A. D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-02158 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FAHNESTOCK JAMIE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRANTHAFER FLOYD E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BRANTHAFER FLOYD E JR 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 1859 RITNER HIGHWAY IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 DANIEL MANCINI 04/20/2006 a' o4 a Sworn and subscrib ed o-before me this day of A. D. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANTS CERTIFICATE OF LOCATION CIVIL Division Case Number: 2006-02158 Type of Pleading Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: Filed on Behalf Of: Plaintiff 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca. PA 15061 By: DANIEL J. MANCINI, PA I.D. No. 39353 . 1 t f 4' Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS PRAECD?E 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, c/o Daniel J. Mancini, Esquire, 201 A FAIRVIEW DRIVE, MONACA, PA 15061, and against Defendants JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR, whose last known address is 1859 RITNER HWY, SHIPPENSBURG, PA 17257 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 $ 66,592.72 Delinquent Balance, including Interest at $14.14 per diem $ 5,151.62 From 09/01/05 to 08/01/06 (based on contract rate of 7.75 %) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 660.42 Accrued Late Charges $ 176.18 Bad CK Fees $ 00.00 Attorney's Fee $ 3,329.64 Total $ 75,910.58 01-02 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA BarID:39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 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-captio ma r. Daniel J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comca5t.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS AFFIDAVIT OF SPECIAL SERVICE PURSUANT TO PA.R.C.P. 410 &430 I, Daniel J. Mancini, attorney for Plaintiff, hereby depose and state as follows: Plaintiff or its agents has followed the Special Service Order, granted on May 30, 2006 as follows: A. Copy of said notice was posted on mortgaged property at 1859 Rimer Hwy., Shippensburg, PA 17257 on June 14, 2006 as per Sheriff's Return dated June 15, 2006; and B. Copy of said notice was mailed by Certified Mail, return receipt requested, and by ordinary first class mail to Defendants at the following respective address: 1859 Rimer Hwy., Shippensburg, PA 17257, Certificate of Mailing Receipt and Certified Mail Receipt attached; and C. Complaint was properly published in both the Patriot News on June 14, 2006, as well as the Cumberland Law Journal on June 23, 2006 (Proof of Publication Notices are attached). I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DANIEL 7 INI AND ASSOCIATES Date: June 28, 2006 By: Daniel J. Mancini, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE ORDER FOR SERVICE AND NOW, to wit, this XAday of 2006, upon consideration of the within Motion for Special Service and its supportin Aff avit of Investigation, it appearing that a Good Faith Investigation and effort to locate the Defendan h been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made upon Defendant L. FAHNESTOCK and FLOYD E. BRANTHAFER JR in the following manner: THAT a copy of the Complaint be posted on the premises at 1859 Rimer Hwy, Shippensburg, PA 17257. THAT a copy of the Complaint be also sent via Certified Return Receipt Mail and ordinary first class mail to said Defendant at 1859 Rimer Hwy, Shippensburg, PA 17257. THAT Plaintiff publish the Complaint and it's Service in the local newspaper and the legal journal, of this County per the local rules of procedure. AND FURTHER, that in the event this case should be reduced to judgment and a Writ of Execution is issued, Service upon the Defendants at the above referenced address by Certified Return Receipt mail and ordinary mail and by posting a copy of the Notice of Sale or Sheriff's handbill in the most public part of the premises and by publication by Sheriff pursuant to Pennsylvania Rule of Civil Procedure 3129.2 (d). Service would be complete as described under the service of the Complaint. BY THE COURT in COPT FROM RECORD whereof, 1 here unto set my hand of.. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FAHNESTOCK JAMIE L ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAHNESTOCK JAMI the DEFENDANT , at 0944:00 HOURS, on the 14th day of June , 2006 at 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 1859 RITNER HIGHWAY 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 18.00 Service 16.72 Posting 6.00 Surcharge 10.00 Postage .39 51.11 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline II 06/15/2006 DANIEL M By: of A. D. SHERIFF'S RETURN - REGULAR CASE•NO: 2006-02158 P COMMONWEALTH OF PENNSYLVANIA:, .° COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST - VS t FAHNESTOCK JAMIE L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRANTHAFER FLOYD E JR the DEFENDANT , at 0944:00 HOURS, on the 14th day of June 2006 at 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 1859 RITNER HIGHWAY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service. .00 Posting 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscibed to before me this day So Answers : R. Thomas Kline 06/15/2006 DANIEL M By: of A. D. O M CWW W Fee C3 " ru (EIMONBNMM Hsqu6 1Me1 Po&eps & Feb $ ra M1 O C m C A r mm P°+ro. s v,t. ,k Q q O Oordbd Fee 6'.tap O P a C3 IS 3C C' N wemBUa or.y P« _ F So iFJ n.wxsd0 ra '... ...,r`` SeuLPOat.p.sF... $ Ln oi?`Pass P084 00 o MAIAM? ppy PITNEY BOWES o2 1P $000.95° 0004534941 JUN 13 2006 F L l 4 C S o z Lu r LL 0 U W NW • 7 i LL WO W 15 N F pAp 1?1 a Ln orP08=ft I . M 4e P0.4r'4C ? PITNEY BOWES e V Z 8 06 14- a pQ F 021P $000.95 0004534941 JUN 13 2006 0 3? cn c) 0000 i= * Z" ?H T - p g y 0" ? -0 (0 '++P a?co tTl zm' 70 w? T i r w °om b 't1 w n a N 0 o 89 8 w, °- `ga C fD C3 -?Mmm Ut 1 o a u x 0 9 "•. CPOa?w .IypT? t r w pv?s 9 ?. tz++ ,t N mw"? o? c ? l sO +NO? cc?? -j ` O D U7 'w i 03 fl 4 V3 0 W.a W .?, a V4BTE03? .. F„,ryN lU T •? » µi+ 1 (pA FI ?' a mom:"'«111 p 4 ? a u' o, d f ?. ci) s T w0 CC0 (D?v ^ a) a cfl S n u y 0 v D m N v C14 ?Dflj ZtA J Au 00 V UN m 2r Vl PP M P 0 P r J O P CNOc Dm '. 0 ?2. 90 D? w &i m?M c m ?; :? ca ?}WTEpS . a v ,, T w ?' 4• m 0 A. S ra U ? Q 9 m W ? an na O?? (s o ¦ N• P? M,• { 10 W Cb W Cb M F V/ J =mD m y?r - g (5 n . Z 0 D m z fn l -? O N O V 7C ? h?ya fix. P 0 P r J O P T L A ©N \"TED,? mew .c? s s -. rota 4- 9 N N V ? m WN mm o THE:.,PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} as Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 Sapbember , celypubb since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in then regular daily and/or Sunday/ Metro editions which appeared in the 14th day(s) of June 2006. That neither he 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 he 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 ................ .. ............................ Sworn to to meddMjd*VWMWVM l? DANIEL J. MANCINI & ASSOCIATES 201A FAIRVIEW DRIVE PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated- by_. the local- courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, June 23, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f LisaMarie Coyne, SWORN TO AND SUBSCRIBED before me this 23 day of June, 2006 Notary NO"14 SM OHORAN A COUIN6 Ndpy Pub YC CAMU RORO. CLOG RtAPO COWN MV CoeunbWan Dow Apr 28. 2010 N CUMBERLAND LAW JOURNAL against the claims set forth in the NOTICE notice above, you must take action in the Court of Common Pleas of within twenty (20) days after this Cumberland County Complaint and Notice are served, Commonwealth of Pennsylvania by entering a written appearance Civil Action-Law personally or by attorney and filing in writing with the Court your de- _ 2006-02158 fenses or objections to the claims set forth against you. You are _ DEUTSCHE BANK NATIONAL warned that if you fail to do so the TRUST CAMPANY AS TRUSTEE case may proceed without you and - -.a-judgmeat-may-be_ente=d-against------_-__. ve JAMIE L. FAHNESTOCK and you by the Court without further FLOYD E. BRANTHAFER JR. notice for any money claimed in the , Complaint or for any other claim or _ NOTICE OF ACTION IN relief requested by the Plaintiff. You MORTGAGE FORECLOSURE may lose money or property or other _ rights important to you. TO: JAMIE L. FAHNESTOCK and YOU SHOULD TAKE THIS PA- FLOYD E. BRANTHAFER, JR., PER TO YOUR LAWYER AT ONCE. whose last known Defendants IF YOU DO NOT HAVE A LAWYER , s is 1859 Ratner Hwy., addres tner ddres GO TO OR TELEPHONE THE OF- nsburg, PA 17257. FICE SET FORTH BELOW. THIS THIS FIRM IS A DEBT COLLEC- OFFICE CAN PROVIDE YOU WITH TOR ATTEMPTING TO COLLECT A INFORMATION ABOUT THE DEBT OWED TO OUR CLIENT LNG A LAWYER, IF YOU CANNOT O , ANY INFORMATION OBTAINED AFFORD HIRE A LAWYER THIS FROM YOU WILL BE USED FOR OFFICE MAY BE ABLE PRO- O- THAT PURPOSE OF COLLECTING M VIDE YOU WITH INFORMATION THE DEBT. ABOUT AGENCIES THAT MAY - Youare hereby notified that Plain- LI LEGAL SERVICES TO ELI- FER Deutsche Bank National Trust tiff G IB PERSONS AT AREDUCED , Company as Trustee, has filed a FEE OR NO FEE EE . Mortgage Foreclosure Complaint Services Referral Lawyer endorsed with a Notice to Defend 32 South Bedford Street 32 Sou , against you in the Court of Com- Carlisle, PA 17013 Pleas of Cumberland County, 249-3166 Pennsylvania, docketed to 2006- DANIEL J. . MA I DAN, ESQUIRE wherein Plaintiff seeks to 02158 A ASSOCIATES , - foreclose on the mortgage secured Attorney fo or Plaintiff on your property located, 1859 01A 201A Fairview Drive -.. Ratner Hwy., Shippensburg, PA Monaca, PA 15061 ,. - 17257, whereupon your property (724) 726--4 4233 33 June 23 would be sold by the Sheriff of Cumberland County. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL ACTION - LAW COMPANY AS TRUSTEE CASE NO: 2006-02158 PLAINTIFF VS MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS TO: FLOYD E. BRANTHAFER JR. 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 DATE OF NOTICE: July 18, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS E :EMENT OF LIEN AGAINST PROPERTY. g yooIos%kO IMPORTANT NOTICE a g "'rY mr?eow- : you have failed to enter a written appearance personally or by attorney 0 fur defenses or objections to the claims set forth against you. Unless you OOD¢9 4 941 16 2006 ate of this notice, a Judgment may be entered against you without a 'U ROM ZI E 1 061 perty or other important rights. You should take this notice to a lawyer !r or cannot afford one, go to or telephone the following office to find z j 2 rb Lawyer Referral Services, t? tor, Cumberland County Courthouse vJ Carlisle, PA 17013 . e? ?r (717) 240-6200 lu WW F o V N ?) Daniel J. Mancini, Esquire U a S Attorney for Plaintiff N m \ I U wys _ m E V) y 02 E o Q N o¢ w0 0 4 8 O u 7a wo i w S Cq a ,r-_/^? <°a sa z VJ o N a Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancini IawfirmQcomcastnet IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS TO: JAMIE L. FAHNESTOCK 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 DATE OF NOTICE: July 18. 2006 IMPORTANT NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IS CORRESPONDENCE IS NOT AND SHOULD NOT BE E g 6 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS 9 g p? PoB ;EMENT OF LIEN AGAINST PROPERTY. c _ ;vnrrEV Bowes S?'- 00 04. §41 -J UL 1 9,,20 06 M LEDF OM ZIP COI) 15 81 z z 7 o N a : 7 ? f ` W V? U F S F W • I ww v b R O /? 'J e'41 '1J N O_ oo u 1 0 NO y p 0 mo N QO ? 0` you have failed to enter a written appearance personally or by attorney ur defenses or objections to the claims set forth against you. Unless you to of this notice, a Judgment may be entered against you without a ierty or other important rights. You should take this notice to a lawyer r or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, Dr, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE o Daniel J. Mancini, Esquire z Attorney for Plaintiff A to n li N a h HC' CJ/ r I Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS RULE 236 NOTICE OF DEFAULT To: JAMIE L. FAHNESTOCK 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 You are hereby no ' lied that the following Order, Decree or Judgment has been entered against you on aZS6I: A Judgment of Default in the amount of 75$ •910.58 plus costs. J2- r Prothonotary If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca., PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS RULE 236 NOTICE OF DEFAULT To: FLOYD E. BRANTHAFER 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 You are hereby no 'fled that the following Order, Decree or Judgment has been entered against you on ?_?Q„t-,yj1 A Judgment of Default in the amount of $ 75.910.58 plus costs. Prothonotary If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS JAMIE L. FAHNESTOCK And FLOYD E. BRANTHAFER JR. DEFENDANTS CIVIL Division Case Number: 2006-02158 Type of Pleading Mortgage Foreclosure Praecipe for Writ of Execution Code and Classification: CERTIFICATE OF LOCATION 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 TOWNSHIP OF NORTH NEWTON PARCEL No: 30-11-0304-003 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@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL ACTION - LAW COMPANY AS TRUSTEE CASE NO: 2006-02158 PLAINTIFF VS MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 To the Director of the Office of Prothonotary Issue writ of execution in the above matter: Amount Due $ 75;910.58 From 09/01/05 To 08/01/06 (based on contract rate of 7.75 %) Dated this 1St day of August, 2006 Note: Property Description Attached 01-02 Attorney Bar No.: 39353 n b VA ) u -+ 44 1 ? O w thy i i S ? A ` A 1(00:tO-1.W9) WdLO:il 900,71011ft0 I ±I z I I ? i Apr-IhTlu 19:15 Frwfmv Aprw S C 4W UM T-W 0."" r-M AUTMTC0l AWtenddWddunetoNo/tNVA%MTsWMW CrprtparMend taorealttt Pereleilirertb, trotatdedaaddMtttbed •ilarewe, btMttrlMt fhe om wood tstoiett as t of t1g -A, I Nl t to ffi lm l I Phn??, PW t15c BEOwun dta pgW b t scw wkwof ltodj?plow l ip"IV N, & tdow ! 1) at the e@M r *=O prapelt oerrMt d Lc**& ! and Ld lie. Z ae shorn an iltr alao~etwfararaedulbririwen pn.heNObsaouYnalWnattttM'athotwsdt d.eab.e pw tlterros abep grid aside?tin ttwltd dtr...11 reMoaes 3h saaolyde V&Wa - -I l , es d 1?5'itA b = peM1? tlrruoe t?lorN l6 dIQA1es ai1M?Me 22 9100ewantadiaMtordV4A0%dbapddstate.W-w4wb mkwwtd t?Ie. 2 and iert? tforl or ibnnery d peilMeld and t3/reAns 55100: Marten along raid d ? ?? ? ? 11 ? tiIMYNi? ?! si00ndi?MNIMa IiMrlca0t474.tift b twtb a pail+RsttAs sM bdMeentettda Zand btdeerwsrtloratedrQF W"UWW Mili Wd and Cdwkw I I I. nm *m veld dmft bo mwb n 11 aaords > a eleienos d 17ti.0ilbMtte pobttstlhtl dri?Ip B1e MMMwn rritnlo. 381 LetNo. 2 and tends etoalar#IrmeebrdfieMold and4tMtedse Mader; titen0eaiattp said drldMM tM aatdtt MY dagrMS?Q sdArAee=2samrtde ? ¦ dnhrfm of 27rtOD fleet do s paint, sold pd t taelHp the rhos of osolr ". ng4Ht3 TWGAM PRP.?pltES --No- fdi ml NESS ara t?rrrrra k b sue aee>d P-- l, 27, Uu ww ?.oere.+l?aerurrtr?I,2oe0ta?eideanr reftb?dleefhatlh r' II ? 10aftPAJ DWft*g%om s3M 9N??1M1d ?f111e L , fb5d E ftinh6r, ?r sd AoMd ? ar. ex 1853FG0789 8st-ri seises ZEi_a ---- -- - -MM sr:SI 9e.-er-w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2158 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff (s) From JAMIE L. FAHNESTOCK AND FLOYD E. BRANTHAFER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $75,910.58 L.L. $.50 Interest FROM 9/1/05 TO 8/1/06 (BASED ON CONTRACT RATE OF 7/75%) Atty's Comm % Atty Paid $226.71 Plaintiff Paid Date: AUGUST 15, 2006 (Seal) Due Prothy $1.00 Other Costs URTIS G Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL J. MANCINI, ESQUIRE Address: 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-7284233 Supreme Court ID No. 39353 ?J • J Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff in the above action, by its attorney, Daniel J. Mancini, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Name and address of Owner(s) or reputed Owner(s): JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 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 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 2006-02158 - RECORDED 02/04/2004 - $75,910.58 4. Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 5. Name and address of every other person who has any record lien on the property: UNKNOWN 06-02 . • 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the Sale: UNKNOWN Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unworn falsification to authorities. Dated this 10"' Day of August, 2006 Daniel J. Mancini, Esq. Attorney Bar No.: 39353 06-02 C) CZP C r 2- - T t :39- Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 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: December 6, 2006 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 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. Legal Descriptions: All that certain property situated in the TOWNSHIP OF NORTH NEWTON in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 30-11-0304-003 and being more fully described in a deed dated 01/4313004, and recorded 02/0412004, among the land records of the county and state set forth above, in Deed Book 261, page 2698 THE LOCATION of your property to be sold is: 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2006-02158 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. 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 are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the wi ounty Court House before presentation to the Court. Daniel Mancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS EXHIBIT A LONG PROPERTY DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT WITH IMPROVEMENTS THEREON ERECTED KNOWN AS LOT #2 ACCORDING TO SUBDIVISION PLAN 77, PAGE 85; BEGINNING AT A POINT IN THE CENTER LINE OF MOLLY PITCHER HIGHWAY (U.S.ROUTE 11) AT THE COMMON FRONT PROPERTY CORNER OF LOT NO.1 AND LOT NO.2 AS SHOWN ON THE ABOVE REFERENCED SUBDIVISION PLAN, BEING THE SOUTHEASTERN CORNER OF THE HEREIN DESCRIBED PREMISES;THENCE ALONG SAID CENTER LINE SOUTH 53 DEGREES I I MINUTES 38 SECONDS WEST,A DISTANCE OF 175.00 FEET TO A POINT;THENCE NORTH 36 DEGREES 48 MINUTES 22 SECONDS WEST, A DISTANCE OF 274.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NO.2 AND LANDS NOW OR FORMERLY OF REINHOLD AND CATHERINE MEYER;THENCE ALONG SAID DIVIDING LINE NORTH 53 DEGREES 11 MINUTES 38 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A POINT;THENCE NORTH 36 DEGREES 48 MINUTES 22 SECONDS WEST, A DISTANCE OF 274.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NO.2 AND LANDS NOW OR FORMERLY OF REINHOLD AND CATHERINE MEYER;THENCE ALONG SAID DIVIDING LINE NORTH 53 DEGREES 11 MINUTES 38 SECONDS EAST, A DISTANCE OF 175.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NO.2 AND LANDS NOW OR FORMERLY OF REINHOLD AND CATHERINE MEYER;THENCE ALONG SAID DIVIDING LINE SOUTH 36 DEGREES 48 MINUTES 22 SECONDS EAST, A DISTANCE OF 274.00 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. DWELLING KNOWN AS 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 IDENTIFIED as TAX/PARCEL ID#: 30-11-0304-003 in the Deed Registry Office of Cumberland County, Pennsylvania. 1 Daniel J. Mancini, Esquire Attorney for Plaintiff C? = 0 C rn -n Ti - ' rn SHERIFF'S RETURN - REGULAR CASE NO: 2006-02158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FAHNESTOCK JAMIE L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT.- MORT FORE was served upon FAHNESTOCK JAMIE L the DEFENDANT at 0944:00 HOURS, on the 14th day of June , 2006 at 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 1859 RITNER HIGHWAY 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: So Answers: Docketing 18.00 Service 16.72 .e Posting 6.00 Surcharge 10.00 R. Thomas Kline Postage .39 51.11? 06/15/2006 DANIEL MANCINI Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST --? VS FAHNESTOCK JAMIE L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRANTHAFER FLOYD E JR the DEFENDANT , at 0944:00 HOURS, on the 14th day of June , 2006 at 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 POSTED PROPERTY AT by handing to 1859 RITNER HIGHWAY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ze? Service 00 Posting 6.00 !! Surcharge 10.00 R. Thomas Kline .00 22.00/ 06/15/2006 7/b 910 4 DANIEL MANCINI Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS AFFIDAVIT OF NO CREDITORS Now comes Daniel J. Mancini, Esq., on behalf of the Plaintiff, who sets forth the following: 1. THAT a Title Update was initiated, good through the date of my Judgment taken in the above captioned matter. 2. THAT with the exception of my Judgment, there are no Lien Holders of record on the property for which I hold the Writ of Execution in the above captioned matter that would be entitled to Notice of the Sheriff Sale. DATED : November 3, 2006 Respect Submitted, Daniel . Manctm, Esq. PA Bar ID: 39353 C:-> CD Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS RETURN OF SERVICE I hereby certify that a true and correct copy of Notice of Sale of Real Estate pursuant to PA R.C.P. 3129 was sent to each Defendant, JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR., at their respective address of 1859 Ritner Hwy, Shippensburg, PA 17257 per the Order for Service. The Notice of Sheriff s sale was sent by Certified Return Receipt Mail, which I deposited in the U.S. Mails at Monaca, Pennsylvania on November 22, 2006. In addition to the Notice set forth above, a Notice of Sale was also sen ach Defendant via Regular First Class Mail on November 22, 2006. A copy of Certificate of Mailin 's attac ed also. By Daniel J. anim, Esq. Attorney for Plaintiff MAY UUa I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS ORDER FOR SERVICE AND NOW, to wit, this, day of 2006, upon consideration of the within Motion for Special Service and its support nvestigation, it appearing that a Good Faith Investigation and effort to locate the Defee by Plaintiff, it is hereby ORDERED t service of the Complaint be made upon DeAHNESTOCK and FLOYD E. tha BRANTHAFER JR in the following manner: THAT a copy of the Complaint be posted on the premises at 1859 Ritner Hwy, Shippensburg, PA 17257. THAT a copy of the Complaint be also sent via Certified Return Receipt Mail and ordinary first class mail to said Defendant at 1859 Ritner Hwy, Shippensburg, PA 17257. THAT Plaintiff publish the Complaint and it's Service in the local newspaper and the legal journal, of this County per the local rules of procedure. AND FURTHER, that in the event this case should be reduced to judgment and a Writ of Execution is issued, Service upon the Defendants at the above referenced address by Certified Return Receipt mail and ordinary mail and by posting a copy of the Notice of Sale or Sheriff's handbill in the most public part of the premises and by publication by Sheriff pursuant to Pennsylvania Rule of Civil Procedure 3129.2 (d). Service would be complete as described under the service of the Complaint. 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FAHNESTOCK and FLOYD E. BRANTHAFER JR. 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: December 6, 2006 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 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. Legal Descriptions: All that certain property situated in the TOWNSHIP OF NORTH NEWTON in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 30-11-0304-003 and being more fully described in a deed dated 01/0812004, and recorded 02/04/2004, among the land records of the county and state set forth above, in Deed Book 261, page 2698 THE LOCATION of your property to be sold is: 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 +" 1 / ry THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2006-02158 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. 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 are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from :77 Court House before presentation to the Court. Daniel Mancini, Esq. N 9 rn 10 • s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deutsche Bank National Tr Co Tr is the grantee the same having been sold to said grantee on the 10th day of Jan A.D., 2007, under and by virtue of a writ Execution issued on the 15th day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2158, at the suit of Deutsche Bank National Tr Co Tr against Jamie L Fahnstock & Floyd E Branthafer Jr is duly recorded in Deed Book No. 279, Page 4765. MY IC Combed M CoJ*. CaiW PA EVh" ft FW Mw4ay d Jm. M o IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ll - day of Deutsche Bank National Trust Company as In the Court of Common Pleas of Trustee Cumberland County, Pennsylvania VS Writ No. 2006-2158 Civil Term Jamie L. Fahnestock and Floyd E. Branthafer R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Jamie L. Fahnestock and Floyd E. Branthafer, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendants, Jamie L. Fahnestock and Floyd E. Branthafer. The last known address of the defendants, 1859 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania is vacant. The post office does not have a forwarding address for the defendants. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 13 31 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 Jamie L. Fahnestock and Floyd E. Branthafer located at 1859 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on January 10, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Mancini, on behalf of Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of May 1, 2004 Morgan Stanley ABS Capital 1 Inc. Trust 2004-NC4 Mortgage Pass- Through Certificates, Series 2004-NC4. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of May 1, 2004 Morgan Stanley ABS Capital 1 Inc. Trust 2004-NC4 Mortgage Pass- Through Certificates, Series 2004-NC4, of 701 Corporate Center Drive, Raleigh, NC 27607, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,009.28. Sheriff s Costs: Docketing $30.00 Poundage 19.44 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 4.92 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 377.00 Patriot News 316.58 Share of Bills 15.94 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $1,009.28 So An e ??, e Sheriff In g. Thom K 1 s B LO ;° V Lk g g'ti 6 j4' Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff in the above action, by its attorney, Daniel J. Mancini, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Name and address of Owner(s) or reputed Owner(s): JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 Name and address of Defendant(s) in the judgment: JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 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 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 2006-02158 - RECORDED 02/04/2004 - $75,910.58 4. Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 5. Name and address of every other person who has any record lien on the property: UNKNOWN 06-02 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the Sale: UNKNOWN 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. `4904 relating to unsworn falsification to authorities. Dated this 10d' Day of August, 2006 Daniel J. Mancini, Esq. Attorney Bar No.: 39353 06-02 I Z :E c] q i qnV 9001 ?.. wJr Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02158 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. 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: December 6, 2006 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 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. Legal Descriptions: All that certain property situated in the TOWNSHIP OF NORTH NEWTON in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 30-11-0304-003 and being more fully described in a deed dated 01/08/:004, and recorded 02/04/2004, among the land records of the county and state set forth above, in Deed Book 261, page 2698 THE LOCATION of your property to be sold is: 1859 RITNER HIGHWAY SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2006-02158 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. 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 are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the within County Court House before presentation to the Court. Daniel ancini, Esq. I Z .£ d q 1 9AV goon J. i Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 2006-02 1 5 8 MORTGAGE FORECLOSURE JAMIE L. FAHNESTOCK and FLOYD E. BRANTHAFER JR. DEFENDANTS EXHIBIT A LONG PROPERTY DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT WITH IMPROVEMENTS THEREON ERECTED KNOWN AS LOT #2 ACCORDING TO SUBDIVISION PLAN 77, PAGE 85; BEGINNING AT A POINT IN THE CENTER LINE OF MOLLY PITCHER HIGHWAY (U.S.ROUTE 11) AT THE COMMON FRONT PROPERTY CORNER OF LOT NO.1 AND LOT NO.2 AS SHOWN ON THE ABOVE REFERENCED SUBDIVISION PLAN, BEING THE SOUTHEASTERN CORNER OF THE HEREIN DESCRIBED PREMISES;THENCE ALONG SAID CENTER LINE SOUTH 53 DEGREES 11 MINUTES 38 SECONDS WEST,A DISTANCE OF 175.00 FEET TO A POINT;THENCE NORTH 36 DEGREES 48 MINUTES 22 SECONDS WEST, A DISTANCE OF 274.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NO.2 AND LANDS NOW OR FORMERLY OF REINHOLD AND CATHERINE MEYER;THENCE ALONG SAID DIVIDING LINE NORTH 53 DEGREES 11 MINUTES 38 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A POINT;THENCE NORTH 36 DEGREES 48 MINUTES 22 SECONDS WEST, A DISTANCE OF 274.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NO.2 AND LANDS NOW OR FORMERLY OF REINHOLD AND CATHERINE MEYER;THENCE ALONG SAID DIVIDING LINE NORTH 53 DEGREES 11 MINUTES 38 SECONDS EAST, A DISTANCE OF 175.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NO.2 AND LANDS NOW OR FORMERLY OF REINHOLD AND CATHERINE MEYER;THENCE ALONG SAID DIVIDING LINE SOUTH 36 DEGREES 48 MINUTES 22 SECONDS EAST, A DISTANCE OF 274.00 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. DWELLING KNOWN AS 1859 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 IDENTIFIED as TAX/PARCEL ID#: 30-11-0304-003 in the Deed Registry Office of Cumberland County, Pennsylvania. Daniel J. Mancini, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2158 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, Plaintiff (s) From JAMIE L. FAHNESTOCK AND FLOYD E. BRANTHAFER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $75,910.58 L.L. $.50 Interest FROM 9/1/05 TO 8/1/06 (BASED ON CONTRACT RATE OF 7/75%) Atty's Comm % Atty Paid $226.71 Plaintiff Paid Date: AUGUST 15, 2006 (Seal) Due Prothy $1.00 Other Costs URTIS R. L NG Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL J. MANCINI, ESQUIRE Address: 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 4'?1 Real Estate Sale # 37 On August 25, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 1859 Ritner Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 25, 2006 By: ad-? smik Real Estate Sergeant 0 Z cJ 91 SnV 9002 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he 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 he 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 SALE #37 ............. Sworn to and b c 'b before me I i My Notarial Seat Terry L. Russell, Notary Public ty Of Harrisburg, Dauphin County Commission Expires June 6, 2010 n ?- Acts r!Vtinn of Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SAFE NO. 37 Writ No. 2006-2158 Civil Deutsche Bank National Trust Company as Trustee VS. Jamie L. Fahnestock and Floyd E. Branthafer Atty.: Daniel J. Mancini EXHIBIT A LONG PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit with improvements thereon P-%*. n*V.l 4n`+..r.. - T -+ 4411 .,......,..asp... t?ane oyne, t itor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL " LOIS E. SNYDER, Notary Pubic Ciar1181e Bom, Ct aibedand Ciour4 My Commission Expires March 5, 2009