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Home My WebLink About01-0661M & T Bank Corporation, successors by meger with Keystone Financial Bank, N.A., Plaintiff V. First Union National Bank Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : _. : CIVIL ACTION - LAW _- : CML TERM 2001- /,. {~ [ NOTICE 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 THE COMPLAINT AND NOTICE ARE SERVED, 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. 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 WlLL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 M & T Bank Corporation, successors by meger with Keystone Financial Bank, N.A., Plaintiff First Union National Bank Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : _. : CIVIL ACTION - LAW : : CIVILTERM 2001- COMPLAINT AND NOW, comes M & T Bank, formerly Keystone Financial Bank, N,A., through its Attorney, William A. Duncan, Esquire, and files this Complaint, of which the following is a statement: l. Plalntiffis M & T Bank, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at1415 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, First Union National Bank, is a national bank with an office at 645 Hamilton Street, Allentown, Lehigh County, Pennsylvania, 18901. 3. Defendant First Union National Bank acquired tire to property situate in West Pennsboro Township, Cumberland County, Pennsylvania, by virtue of a Sheriffs Sale under Judgment No. 1999-4377, said deed dated August 14, 2000, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 227 page 164. A true and correct copy of the deed is attached hereto as Exhibit 4. At the time for the sale, Defendant First Union National Bank was second in priority to Farmers Trust Company, now M & T Bank, successor by merger. Defendant First Union National Bank therefore took title subject to a mortgage and security agreement from Lee E. Vanasdalen a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen to Farmers Trust Company dated November 6, 1992 in the amount orS15,000.00. A true and correct .copy of,the mortgage is attached hereto as Exhibit "~". A true and correct copy of the security agreement is attached hereto as Exhibit "C". 5. Said Mortgage is in default because the required monthly installmems of principal and interest are due and have not been paid. After demand by Plaintiff, Defendant has failed to pay said installments of principal and interest. 7. As per the terms of the mortgage and security agreement, upon default and failure to cure such default after notice, the whole of the principal, interest and late charges due thereunder are collectible forthwith. 8. By reason of the aforesaid default, the entire balance of Seventeen Thousand Eight Hundred Sixteen and 47/100 Dollars ($17,816.47) Dollars, with interest thereon at the rate of eleven percent (11%) per annum computed from January 29, 2001, along with attorneys fees are now due and payable. 9. The Defendant is liable to the Plaintifffor the following on said mortgage loan: A. Principal amount and interest due to date $16,968.07 B. Attorney's Collection fee 848.40 TOTAL: $17,816.47 WHEREFORE, Plaintiffprays the Court to enter judgment in favor of Plaintiff and to order the foreclosure and sale of the mortgaged property and for the amount of Seventeen Thousand Eight Hundred Sixteen and 47/100 Dollars ($17,816.47) Dollars together with interest thereon, costs and all other amounts advanced by Plaintiff Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 VERIFICATION I, JOHN P. STOVER, hereby verify that I am a Special Assets Loan Workout Officer, for M & T Bank, that I make this verification bt, ing authorized to do so, and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to tmswom falsification to authorities. M & TBank Know all Men by these Presents 9th Commouwe~aJth of Pennmyiv'aaia., ss. R, Thomas Kline, Sheriff One court House Square J ~est Pen~sboro To~nsh:Lp ooox 22? ~CE MORTGAGE P=ge 2 (Cunllnued) MORTGAGE (Centlnuad) MORTGAGE fCo~tlnued) MORTGAGE Pege 6 (ConUnusd) 0~/20/00 12:16 FA~ $?0 628 923~ ~¥STO~ COLLECTIONS EQUITY LiNE AGREEMENT AND OtSCLOSURE 05/20/00 M0N ~2:L6 FAX 570 628 923! KEYST0~;E ¢0LLECTIO~S 0O2 EQUITY LiNE AGREEMENT AND OISCLOSURE P.~;m ~ t" EQUITY LiNE AGREEME,",~T AND DISCLOSURE p~,~ 4 {ContJnue~ lllllll Illlll Ill~~lm~~llllllllllllllllllllll Ill l Ill SHERIFF' S RETURN - CASE NO: 2001-00661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK CORPOP~ATION VS FIRST UNION NATIONAL BANK REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE FIRST UNION NATIONAL BANK DEFENDANT , at 0013:04 HOURS, on the at 604 E HIGH ST CARLISLE, PA 17013 CHRISTY HEWLETT (ADULT IN CHARGE) a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of February , 2001 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this /2 ~Y~ day of So Answers: R. Thomas Kline 02/06/2001 ~ DUNCAN & HART~ ~ /2-~----~ LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID//46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 M&T BANK CORPORATION, successors by merger with Keystone Financial Bank, N.A., Plaintiff VS. FIRST UNION NATIONAL BANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : CIVIL TERM 2001-661 ANSWER TO COMPLAINT AND NOW, comes First Union National Bank, Defendant, by and through is attorneys, Linton, Distasio, Adams & Kauffman, P.C. and Anthony R. Distasio, and in support of its Answer To Plaintiff's Complaint, states as follows: 1. Admitted. 2. Denied. The correct address for Defendant First Union National Bank is 640 Hamilton Street .PA 7053, Allentown, Lehigh County, Pennsylvania, 18101. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that First Union National Bank was second in priority. The remaining allegations of Paragraph 4 of Plaintiff's Complaint are denied as conclusions of law to which no response is necessary. 5. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity of the allegations contained in Averment 5 of Plaintiff's Complaint and therefor the allegations of default are denied and proof of same is demanded. 6. Admitted in part. Denied in part. It is admitted that Defendant has not made payments of installments of principal and interest. It is denied that a demand for installments of principal and interest was ever made by Plaintiff. 7. Denied. The allegations of Paragraph 7 of Plaintiff's Complaint are denied as conclusions of law to which no response is necessary. 8. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity of the allegations contained in Averment 8 of PlaintiWs Complaint and therefor the allegations of default are denied and proof of same is demanded. 9. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity of the allegations contained in Averment 9 of PlaintiWs Complaint and therefor the allegations of default are denied and proof of same is demanded. WHEREFORE, Defendant requests that this Honorable Court dismiss PlaintiWs Complaint and find in favor of the Defendant and for such other and further relief as the Court deems just and proper under the circumstances. LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. Attorneys for Plaintiff VERIFICATION I, JOHN NALESNIK, hereby verify that I am the Vice President of FIRST UNION NATIONAL BANK, that I am authorized to malce this verification on its behalf and that the facts set forth in the within Instrument are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: C~[~t~,D. Oca, hn~Nal~g~ik, .P.) M&T BANK CORPORATION, successors by merger with Keystone Financial Bank, N.A., Plaintiff VS. FIRST UNION NATIONAL BANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : CIVIL TERM 2001-661 : CERTIFICATE OF SERVICE OF ANSWER TO COMPLAINT I, SUSAN DONAHUE, PARALEGAL, L1NTON, DISTASIO, ADAMS & KAUFFMAN, P.C., hereby certify that on the 28th day of February, 2001, I served Defendant's Answer to Plaintiff's Complaim in the above-captioned action upon counsel for the Plaintiff via United States Mail, first class, postage prepaid at the following address: William A. Duncan, Esquire I Irvine Row Carlisle PA 17013