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Home My WebLink About10-6293FILED-O "' ICE OE T- TROT HONOTAKY 2060 Oi,T -11 PM 3* Oa cu PENNSYLOVAa A TY McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 New York Community Bank 1801 E. Ninth Street Suite 200 Cleveland, Ohio 44114 V. Heather L. Daniels 49 Bella Vista Drive Mechanicsburg, Pennsylvania 17050 and William G. Daniels, Jr. 49 Bella Vista Drive Mechanicsburg, Pennsylvania 17050 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number /U -4.2q,? OCIVIL ACTION/MORTGAGE FORECLOSURE QOCL ti 11-d 12'??YQO8O 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is New York Community Bank, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Heather L. Daniels, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 49 Bella Vista Drive, Mechanicsburg, Pennsylvania 17050. 3. The Defendant is William G. Daniels, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 49 Bella Vista Drive, Mechanicsburg, Pennsylvania 17050. 4. On January 9, 2009, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for AmTrust Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Instrument # 200901169. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for AmTrust Bank to New York Community Bank, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 49 Bella Vista Drive, Mechanicsburg, Pennsylvania 17050. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2010 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. 8. The following amounts are due on the mortgage: Principal Balance $ 379,199.25 Interest through September 21, 2010 $ 7,358.90 (Plus $51.95 per diem thereafter) Attorney's Fee $ 1,325.00 Late Charges $ 610.74 Escrow Advance $ 32.62 GRAND TOTAL $ 388,526.51 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment againstthe Defendant in the sum of$388,526.51, together with interest at the rate of $51.95 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: ? ?d Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE ,MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: VW v Attorney for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Exhibit A Exhibit "A" File No. 08-28470CDFN ALL THA'I' CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of sway line of Bella Vista Drive at the southwest corner of Lot No. 1; thence along said right of way line, South fifty-two degrees twenty-eight minutes ten seconds Nest (S 52° 28' 10" «), eighty-six and ninety-four hundredths (86.94) feet to a point; thence along the same by curve to the right, said curve hawing a chord bearing and distance of South fifty-six degrees forty-one minutes sixteen seconds West (S 56° 41' 16" NV), forty and forty-six hundredths (40.46) feet, a radius of two hundred seventy-five and zero hundredths (275.00) feet and an arc distance of forty and forty-nine hundredths (40.49) feet to a point being the southeast corner of Lot No. 3; thence along Lot No. 3, North twenty-five degrees thirteen minutes fifty-one seconds West (N 25° 13' 51" %%% one hundred eighty-four and eight hundredths (184.08) feet to a point at lands now or formerly of Susquehanna Conferences of the Brethren in Christ Church, Deed Book 241, Page 459; thence along said lands, North sixty-four degrees forty-six minutes nine seconds East (N 64° 46' 09" E), one hundred twenty-five and zero hundredths (125.00) feet to a point being the northwest corner of Lot No. 1; thence along Lot No. 1, South tventy- tive degrees thirteen minutes fifty-one seconds East (S 25° 13' 51" E), one hundred fifty- nine and eighty-seven hundredths (159.87) feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc. BEING THE SAME PREMISES which CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION by Deed dated January 9, 2009 and intended for immediate recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto WILLIAM G. DANIELS, JR. and HEATHER L. DANIELS, Mortgagor(s) herein. EXHIBIT A TO MORTGAGE.000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~$t~~,,tu nt t"'u~pGre~{,~~~ s~~KacE ~~F ~~~ C~EF.IFF _ 6 I ~ ;.... fw! l.sPt" ~j}r~,_r ran! ~t Jody S Smith Chief Deputy Richard W Stewart Solicitor New York Community Bank vs. William G. Daniels, Jr. (et al.) Case Number 2010-6293 SHERIFF'S RETURN OF SERVICE 10/04/2010 04:22 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 4 2010 at 1622 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William G. Daniels Jr., by making known unto Heather Daniels, Wife of defendant at 49 Bella Vista Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~ R AN BURGETT, DEPUTY 10/04/2010 04:22 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 4 2010 at 1622 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Heather L. Daniels, by making known unto herself personally, at 49 Bella Vista Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 October 05, 2010 ~~ RYAN BURGETT, UTY SO ANSWERS, r "~'~ RON R ANDERSON, SHERIFF (rj CountySuite Sheriff, Teleosotf, Inr.. of C0M David-D. Buell eF Renee X Simpson Prothonotary 1St Deputy Prothonotary 7(ir S. Sohonage, ESQ -_ ,. ,,, Irene E. Morrow Solicitor 1,so 2nd"Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 16- 1293 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite 100 o Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573