The URL can be used to link to this page

Home My WebLink About12-1004FILED-OFFICE OF THE PROTNONOTAf `t 2012 FEB 16 AM 11: 4 2 "U "BERLAND COUNT''" r, ENNSYLYANIA 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank 1100 Wehrle Drive Williamsville, New York 14221 V. Danny E. Shrawder 414 Mount Allen Drive Mechanicsburg, Pennsylvania 17055 and Hipatia Shrawder 414 Mount Allen Drive Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 0901 9- I? 6-vil COMPLAINT IN MORTGAGE FORECLOSURE ?- ? gal ??? y? 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la cone. 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 cone 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 torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SUABOGADOINMEDIATAMI?NTE. SIUSTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ISTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDF. PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA Di', LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELIGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T Bank, duly organized and doing business at the above-captioned address. 2. The Defendant is Danny E. Shrawder, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 414 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055. 3. The Defendant is Hipatia Shrawder, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 414 Mount Allen I)rive, Mechanicsburg, Pennsylvania 17055. 4. On July 15, 2005, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1915, Page 743, such Mortgage being incorporated herein by reference by virtue ol'Rule 1019(g) Pa. R. C. P. 5. On January 13, 2012, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. to M&T 13ank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument No. 201202367, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 414 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 2011 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. The following amounts are due on the mortgage: Principal Balance $ 106,021.47 Interest through February 17, 2012 $ 3,459.51 (Plus $17.43 per diem thereafter) Attorney's Fee $ 1.450.00 Late Charges $ 34.77 Corporate Advance $ 43.00 GRAND TOTAL $ 111,008.75 Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $111,008.75, together with interest at the rate of $17.43 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: Pj ' [ ] ERRENCE J. /MccCABE, ESQUIRE; [,MARC S. WEISBERG, ESQUIRE; [ ] EDWARD D. CONWAY, ESQUIRI? [ ] MARGARET GAIRO, ESQUIRE; [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE', [ ] KEVIN T. MCQUAIL, ESQUIRE; [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRF. Attorneys for Plaintiff 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 Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and 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 Pn.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: v? ?' ? V [ ] T RRENCE J. McCABE, ESQUIRE [ARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRI; [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff M&T Bank v. Danny E. Shrawder and Hipatia Shrawder Date: 613012005 10-MyNhit Order Number: 000026897 Re: Danny X. Shrawder 414 MOUNT ALLEN DKIVF; Hipatia Shrawder MECHANICSBURG, PA 17055 CUMBERLAND County ZXVISIT 'A' ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of Gerrit J. Betz, Registered Surveyor, dated June 1, 1970, as follow::, ro wit: BEGINNING at a point in the center of a public road known as Mount Allen Drive (L.R. 21013), which point is one hundred forty-eight (1.48) feet North of Township Route T-609, and which point is at the line dividing Lot Nos. 18 and 19 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 19, South eighty-one (81) degrees forty-five (45) minutes West, one hundred fifty (150) feet to a stake; thence along the same, North eight (8) degrees fifteen (15) minutes West, one hundred (1001 feet to a stake on the southern line of Lot No. 17 on said Plan; thence along the southern line of Lot No. 17, North eighty-one (81) degrees forty-five (45) minutes East, one hundred fifty (150) feet to a point in the center of mt. Allen Drive; thence through the center of Mt. Alien Drive, South eight (8) degrees fifteen. (15) minutes East, one hundred (100) feet to the Place of BEGINNING. BEING Lot No. 18 in the Plan of Mt. Allen Heights, Section B, as recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 46. HAVING THEREON ERECTED a one story brick dwelling numbered as 414 M-. Allen Drive, Mechanicsburg, Pennsylvania. page! 6 of 6 BK 191550760 Time: 11:20:13 AM Order Number 00002607 12/2912011 9:49:16 AM CUMBERLAND COUNTY Inst.# 200525866 - Page 18 of 18 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor voti titr at 611111ji"',"114 l; 2012 MAP " I Ali 6: 37 CUMBERLAND COUNTY PENNSYLVANIA M & T Bank Case Number vs. Danny E. Shrawder (et al.) 2012-1004 SHERIFF'S RETURN OF SERVICE 02/23/2012 06:31 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2012 at 1831 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Danny E. Shrawder, by making known unto himself personally, at 414 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN S FRY, DEPU 02/23/2012 06:31 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2012 at 1831 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Hipatia Shrawder, by making known unto herself personally, at 414 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.00 February 24, 2012 DENIMS FRY, DEPU;? _ SO ANSWERS, 6Z RON R ANDERSON, SHERIFF