STATE OF MAINE DISTRICT COURT YORK, ss

LOCATION SPRINGVALE CIVIL ACTION DOCKET NO. RE-09-385

Debra J. Reagan Plaintiff v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF SAIL 2006-3 TRUST FUND Et Al Defendant and CITIFINANCIAL, INC Party In Interest

MOTION FOR ENTRY OF DEFAULT AND SUMMARY JUDGEMENT

NOW COMES the plaintiff, Debra J. Reagan, and files this motion for entry of default against the defendant, U.S. BANK NATIONAL ASSOCIATION and requests a summary judgement as requested in this plaintiffs counterclaim filed with this honorable court on April 5, 2011.

FACTS

1. This plaintiff filed a counterclaim against the defendant on April 5, 2011. According to Maine Civil Rules of Procedure the defendant had 21 days after the filing to file an opposition to my
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counterclaim. It also states that failing to file in a timely manner the party shall be deemed to have waived all objections to the motion.

III. PLEADINGS AND MOTIONS RULE 7. PLEADINGS ALLOWED: FORM OF MOTIONS (a) Pleadings. There shall be a complaint and an answer, and a disclosure under oath, if trustee process is used; and there shall be a reply to a counterclaim denominated as such; (c) Opposition to Motions. (2) Any party opposing any other motion shall file a memorandum and any supporting affidavits or other documents in opposition to the motion not later than 21 days after the filing of the motion, unless another time is set by the court. (3) A party failing to file a timely memorandum in opposition to a motion shall be deemed to have waived all objections to the motion.

2. In this answer the defendant was to state their defenses and admit or deny the averments or state they have no knowledge about the information or dont have sufficient information to state a defense against the averments. And if they dont answer, then the averments are admitted to.

RULE 8. GENERAL RULES OF PLEADING (b) Defenses; Form of Denials. A party shall state in short and plain terms the partys defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an
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averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. (d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading.

3. The defendant has not filed an answer within the allotted reasonable time of 21 days. They received a copy of my counterclaim on April 7, 2011 (See Page 8). 21 days from then was on April 28, 2011. If you count only business days, the time to file their answer would have been on May 6, 2011. As of this date, no answer has been given by the defendant. Their silence is acquiescence to my claims as stated in my counterclaim, by not only the common law doctrine of estoppel by acquiescence, but also by the related doctrine of silence is acquiescence found in case precedent mentioned in many U.S. Supreme Court rulings.

The common law doctrine of estoppel by acquiescence is applied when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. Silence is acquiescence (aka. silent acquiescence and acquiescence by silence) is a related doctrine that can mean, and have the legal effect, that when confronted with a wrong or an act that can be considered a tortious act, where ones silence may mean that one accepts or permits such acts without protest or claim thereby loses rights to a claim of any loss or damage.

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The doctrine of acquiescence although typically not found in law, is found a lot in precedent. The doctrine of acquiescence has been mentioned about a thousand times in US Supreme Court rulings (you can see for yourself on the World Wide Web here: http://www.google.com/search?hl=en&safe=off&q=acquiescence+site%3Asupreme.justia.com ).

4. The defendants silence is also equated to yet another fraud according to U.S. v Tweel. U.S. v. Tweel, 550 F.2d 297, 299 (5th Cir. 1977) (silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading).

CONCLUSION

Pursuant to RULE 55. DEFAULT (b) (2) of the Maine Civil Rules of Procedure, this plaintiff is requesting this honorable court to uphold the rule of law and find the defendant, U S BANK NATIONAL ASSOCIATION in default and pursuant to RULE 56. SUMMARY JUDGEMENT (a) of the Maine Rules of Civil Procedure grant this plaintiff relief as requested in my counterclaim with treble damages amounting to $458,544.45 for each count of fraud, attempted theft, extortion, violations of state laws and RICO violations (which in total number to 25 counts including the silence of acquiescence according to U.S. v Tweel); grant complete and clear title to this plaintiffs property at 11 Bennett Street, Sanford, Maine; dismiss with prejudice the defendants case of foreclosure as they have admitted to the facts and frauds listed in my counterclaim by silent acquiescence; sanction both the defendant and the defendants attorneys for committing these frauds knowingly, recklessly and willingly upon this plaintiff and
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honorable court; and grant compensatory, punitive and any other relief to this plaintiff that this honorable court may deem just, fair and appropriate.

CERTIFICATE OF SERVICE

I, Debra J. Reagan, hereby certify that a copy of this MOTION OF ENTRY FOR DEFAULT was served on May 9, 2011 via US POSTAL MAIL to :

Shechtman Halperin Savage, LLP 1080 Main Street Pawtucket, RI 02860

CitiFinancial, Inc. 647 US Route 1 Suite C1 BO1 York, Maine 03909

_____________________________ Debra J. Reagan

____________________ Date Signed

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STATE OF MAINE DISTRICT COURT YORK, ss

LOCATION SPRINGVALE CIVIL ACTION DOCKET NO. RE-09-385

Debra J. Reagan Plaintiff v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF SAIL 2006-3 TRUST FUND Et Al Defendant and CITIFINANCIAL, INC Party In Interest

ORDER

1. The court finds the defendant, U.S. BANK NATIONAL ASSOCIATION, to be in default as provided by Maine Rules of Civil Procedure Rule 55 (b)(2).

2. This court dismisses the defendants, U.S. BANK NATIONAL ASSOCIATION, case CIVIL ACTION DOCKET NO. RE-09-385, with prejudice.

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3. This court grants the plaintiff, Debra J. Reagan complete and clear title to her property located at 11 Bennett Street in Sanford, Maine.

4. This court grants the plaintiff, Debra J. Reagan, treble damages of $458,544.45 for each count of fraud, attempted theft, extortion, violations of state laws and RICO violations, which there are 25 counts totaling to $11,463,550.45 of which the defendant, U.S. BANK NATIONAL ASSOCIATION admitted to by silence of acquiescence.

5. This court sanctions both the defendant, U.S. BANK NATIONAL ASSOCIATION and the defendants attorneys, SHECHTMAN HALPERIN SAVAGE, LLP for committing these frauds knowingly, recklessly and willingly upon the plaintiff and this honorable court.

6. This court deems just, fair and appropriate the following relief to the plaintiff, Debra J. Reagan in the amount of $____________________________ .

So ORDERED.

________________________ DATE

___________________________________________ JUDGE, DISTRICT COURT OF SPRINGVALE

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