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HomeMy WebLinkAbout12-5901SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042125 HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-~ PLAINTIFF vs. Craig Kraber and Maija Kraber and Occupants 2193 Bradford Drive Mechanicsburg, PA 17055 DEFENDANTS ~'f. .. ~ ' ~ r ~.... l i j`. f ~ .` , i ~ ~ n ' f:: jam. ;; ~' ~ ~, ,, ~~ ;~~ COURT OF COMMON PLEAS CUMBERLANgD COUNTY NO.: ~a- S l~)~ CIII~ CIVIL ACTION EJECTMENT 21000 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTIS 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 MONF,Y 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. YOt1 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. 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. 6 Q~~ ~\1~3.~ S ~ Q 1 ~ (uool co~1 C~ `2_.~4- Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170].3 717-249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL I'ARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIF,NDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QiJE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINF,RO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A I,A OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGiJAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 12-042125 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY LD. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042125 HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 PLAINTIFF vs. Craig Kraber and Maija Kraber and Occupants 2193 Bradford Drive Mechanicsburg, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION EJECTMENT Plaintiff hereby complains against Defendants as follows: Plaintiff, HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 ("Plaintiff'), a corporation, has an office located at c/o Ocwen Loan Servicing, LLC, 1661 Worthington Road, West Palm Beach, FL 33409, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are Craig Kraber and Maija Kraber and Occupants ("Defendants") and they reside at 2193 Bradford Drive, Mechanicsburg, PA 17055 ("the Premises") 3. The Premises, which is where the ejectment is to take place, is located at 2193 Bradford Drive, Mechanicsburg, PA 17055. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and. by virtue of a Writ of Execution issued to satisfy a Judgment In Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: HSBC Barilc USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 v. Craig Kraber and Maija Kraber. 5. The case number of said Judgment is: 2011-8531. 6. The sale was held on: June 6, 2012. 7. Craig Kraber and Maija Kraber were the previous owners of the Premises by virtue of a Deed dated July 19, 2004, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on July 19, 2004, in Deed Book 2Ei4, Page 1165. 8. Plaintiff purchased the Premises at the Sheriffs sale. 9. The Plaintiff acquired valid title to the Premises on the date of and by virtue of said Sheriff s sale. 10. Plaintiff is still the real owner of said Premises and is entitled to immediate possession of the Premises. 11. The Deed in favor HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 200%-2 was recorded with the Cumberland County Department of Records in Deed Document ID# 201221093, on July 16, 2012. 12. Said Deed is a matter of State public record and therefore, is hereby incorporated by reference herein as if fully set forth at length. A true and correct copy of the Sheriff s Deed, is attached hereto, incorporated herein by reference, and marked as Exhibit "B." 13. The persons in possession of the Premises are believed to be the Defendants in this action who are occupying the Premises without right and without claim to title. 14. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiffdemands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Date: t Z~ ~ I-- BY: Respectfully submitted, SHAPIRO & DeNARDO, LLC 2~ Leslie J. Rase, Esquire Attorney for Plaintiff VERIFICATION The undersigned, an authorized representative of Plaintiff's servicing agent, Ocwen Loan Servicing, LLC ("Ocwen"), is authorized to make this verification an behalf of Plaintiff and hereby certify that the facts set forth in the foregoing Complaint aze true and correct to the best of their knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regulazly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff's behalf. I understand that false statements herein are made subject to the penalties of 18 PA.C.S SECTION~y49 4 relating to unsworn falsification to au orities. DATE: 1 / ~ G~G !' ~ ' ~ NAME: ~ Nancy Eller TITLE: Contract Manager Ocwen Loan Servicing, LLC asattorney-in-fact for Plaintiff ~~ ALL THAT CERTAIN piece, parcel or lot of land situate in Upper Allen Towne;hip, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at a point located on the northern right-of-way line of Bradford Drive (50.00 feet wide}, said point being located at the southeastern comer of Lot No. 101; thence along the eastern boundary line of Lot No. 101 and passing through a 25.00 foot drainage easement North 01 degrees 25 minutes 55 seconds West for a distance of 125.00 feet, to a point located at the northeastern corner of Lot No. 101; thence along the northern boundary line of Lot No. 100 and along said 25.00 foot drainage easement North 88 degrees 34 minutes 05 seconds East for a distance of 83.00 feet to a point located at the northwestern corner of Lot No. 99; thence along the western boundary fine of Lot No. 99 and passing through said 25.00 foot drainage easement South 01 degree 25 minutes 55 seconds East for a distance of 125.00 feet to a point located on the Northern right-of--way of Bradford Drive (50.00 feet wide) said point being located at the southwestern corner of Lot No. 99; thence along the northern right-of-way line of Bradford Drive South 88 degrees 34 minutes 05 seconds West for a distance of 83.00 feet, to a point and the place of BEGINNING. CONTAINING 10, 375 square feet, more or less. BEING Lot No. 100 on the Final Subdivision Plan for Canterbury Estates, Phase IV, which is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 71, Page 142. BEING the same premises which Craig Kraber, by Deed dated July 19, 2004 and recorded Juiy 19, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264 Page 1165, granted and conveyed unto Craig Kraber and Maija Kraber, his wife. PARCEL NO. 42-29-2458-102 Exh~ b. t "A' ~'f, ~~ (~`~`' ~ 0046HJ ,'-~`, Tax Parcel No. 42-29-2458-102 - Know all Men by these Presents fir` That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of r~ ~f Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to HSBC Bank USA N.A. as Indenture Trustee for the R.eaistered Noteholders of Renaissance Home Equity Loan Trust 2007-2 Writ No. 2011-8531 Civil Term HSBC Bank USA N.A. as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 Vs Craig Kraber Maija Kraber ALL THAT CERTAIN piece, parcel or lot of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at a point located on the northern right-of-way line of Bradford Drive (50.00 feet wide), said point being located at the southeastern corner of Lot No. 101; thence along the eastern boundary line of Lot No. 101 and passing through a 25.00 foot drainage easement North 01 degrees 25 minutes 55 seconds West for a distance of 125.00 feet, to a point located at the northeastern corner of Lot No. 101; thence along the northern boundary line of Lot No. 100 and along said 25.00 foot drainage easement North 88 degrees 34 minutes 05 seconds East for a distance of 83.00 feet to a point located at the northwestern corner of Lot No. 99; thence along the western boundary line of Lot No. 99 and passing through said 25.00 foot drainage easement South 01 degree 25 minutes 55 seconds East for a distance of 125.00 feet to a point located on the Northern right-of-way of Bradford Drive (50.00 feet wide) said point being located at the southwestern corner of Lot No. 99; thence along the northern right-of-way line of Bradford Drive South 88 degrees 34 minutes 05 seconds West for a distance of 83.00 feet, to a point and the place of BEGINNING. CONTAINING 10, 375 square feet, more or less. BEING Lot No. 100 on the Final Subdivision Plan for Canterbury Estates, Phase IV, which is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 71, Page 142. BEING the same premises which Craig Kraber, by Deed dated July 19, 2004 and recorded July 19, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264 Page 1165, granted and conveyed unto Craig Kraber and Maija Kraber, his wife. PARCEL NO. 42-29-2458-102 The same having been sold by me to the said grantee on the 6th day of June Anno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 2nd of February Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eleven (2011) Number 8531 at the suit of HSBC Bank USA N.A. as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 -vs- Craig Kraber and Maija Kraber In Witness Whereof, I have hereunto affixed my signature this ~ ~n~a day of T„~„ Arno Domini Two Thousand and Twelve (2012) Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in,grder-that Said deed might be recorded. Witness my hand and seal of said Court, thi• ~~,+ t' ~ t`i, ~ ~ ~ f ~2~~-d day of June Anno Domini Two Thousand and Twelve (2012~~~~~-~ ~ ~~`~ ~ ~ ~~~~ } ~, ,. ~', ' ~ ''~+ ~ r~ ` - ~» } ,~ ~~,~ `Tr ;~ f , ' 'i a ~ ~ Fy Prothono ry ~ `crr'; ~ ; ~ • Prothonotary, Cumberland County ~Qar~isie,;P/~ i •, + • My Commission Expires the FirsC Mon~,ay of~an. 2014 I hereby certify that the residence And Post Office address of the Within Grantee is c/o Ocwen 1661 Worthington Road Suite 100 West Palm Beach„ FL 33409 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY ~ 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201221093 Recorded On 7/16/2012 At 9:42:27 AM * Total Pages - 5 * Instrument Type -DEED-SHERIFF'S Invoice Number - 112733 User II) - SW * Grantor - KRABER, CRAIG L * Grantee -REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2007- *Customer -CUMBERLAND COUNTY SHEKIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT UPPER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA ~y ca cuge@ /~ f' Q c°t= 9to ~~~~" ~' RECORDER O D EDS ~~so '` -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ~ium~AinMieh SHAPIRO & DENARDO, LLC ATTORNEYS AT LA W 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 Tel: (610) 278-6800, Fax: (610) 278-9980 GF.R:1LU M. SHAPIRO Admitted in Illinois and Florida Only DAVID S. KREISMAN Admitted in Illinois Only CHRISTOPHER A. DeNARDO Managing Partner MICHAEL J. CLARK+ LESLIE RASE r Also Licensed in New Jersey 90 DAY NOTICE PURSUANT TO PROTECTING TENANTS OF FORECLOSURE ACT, PUBLIC LAW lll.-22 TO: Tenants 2193 Bradford Drive Mechanicsburg, PA 17055 AND ALL OTHER TENANTS IN POSSESSION: AT PREMISES KNOWN AS 2193 Bradford Drive Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN, that HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 has purchased the above-described property at a foreclosure sale and is the record owner of the Property. NOTICE IS FURTHER GIVEN that, pursuant to the Protecting Tenants of Foreclosure Act, Public Law 111-22, All Tenants are given ninety (90) day notice to vacate the premises. If you fail to vacate the premises within the ninety (90) day period, HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 will proceed to have an eviction and lockout scheduled to have you removed from the Property. Pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22, if you have apre-existing lease extending beyond ninety (90) days from the date of receipt of this notice, you may choose to deliver a bona fide lease agreement to the attorney's office listed below. If you choose to produce your lease agreement, you will be expected to pay contractual rent monthly to the HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 for the rest of the period of your lease agreement to the attorney's office listed below. If rent is not paid timely, HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 will proceed with legal action for POSSESSION. ALL TENANTS ARE REQUIRED TO DF,LIVER POSSESSION of the premises at the scheduled end of said lease agreement. Enclosed herewith is a copy of the recorded Deed declaring HSBC Bank USA N.A., as Indenture Trustee for the Registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 as the lawful owner of said premises. I suggest you consult an Attorney or contact the undersigned to discuss the actual date you plan to vacate the premises or submit your lease agreement pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22. ~ Z~ z ~~ Leslie ` .Rase, Esquire Attorney for Purchaser Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610)278-6800 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronn R Anderson i "~- _ 'r~OT~~n~ ~. ~ , Sheriff yxl~, ott;iar~Grhf p, i~iv'v r~~~`. Jody S Smith Chief Deputy c~~2 ~~~ 2 ~ ~~ 2' ~~ Richard W Stewart Solicitor ,-~~~ - ~-~~~~ CU'MBERL~N~ CU~l1T'`` PERINSYL`~'t''+Nlr HSBC Bank USA, N.A. Case Number vs. 2012-5901 Craig L. Kraber (et al.) SHERIFF'S RETURN OF SERVICE 10/31/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 2193 Bradford Drive, Mechanicsburg, Pennsylvania 17055, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Deputies attempted service at 2193 Bradford Drive, Mechanicsburg, Pennsylvania 17055 eight times, but were not able to find anyone at the residence. Neighbors advised Deputies no one currently resides at this residence and The Kraber's are in the process of moving their personal effects from the residence. 10/31/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Craig L. Kraber, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Craig L. Kraber. Deputies attempted service at 2193 Bradford Drive, Mechanicsburg, Pennsylvania 17055 eight times, but were not able to find anyone at the residence. Neighbors advised Deputies no one currently resides at this residence and Craig L. Kraber is in the process of moving his personal effects from the residence. 10/31/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Maija Kraber, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Maija Kraber. Deputies attempted service at 2193 Bradford Drive, Mechanicsburg, Pennsylvania 17055 eight times, but were not able to find anyone at the residence. Neighbors advised Deputies no one currently resides at this residence and Maija Kraber is in the process of moving her personal effects from the residence. SHERIFF COST: $105.00 November 15, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ..,. I s~l'!f f .,,, ^`t. Inc.