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HomeMy WebLinkAbout07-6063¦ 0, MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 1.06940 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2 20 Broad Street New York, NY 10005, Plaintiff, Vs. Larry L. Foster 60 Conrad Road Carlisle, PA 17013, and Kimberly K. Foster 60 Conrad Road Carlisle, PA 17013, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07- (oW3 Civ;t Te(M CIVIL ACTION MORTGAGE FORECLOSURE Defendants. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series # 2005-2 20 Broad Street New York, NY 10005, No.. Vs. Plaintiff, CIVIL ACTION MORTGAGE FORECLOSURE Larry L. Foster ' 60 Conrad Road Carlisle, PA 17013, and Kimberly K. Foster 60 Conrad Road Carlisle, PA 17013, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2 (the "Plaintiff"), is a NY corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. 2. Defendants, Larry L. Foster and Kimberly K. Foster, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Larry L. Foster, Defendant, resides at 60 Conrad Road, Carlisle, PA 17013. Kimberly K. Foster, Defendant, resides at 60 Conrad Road, Carlisle, PA 17013. 4. On November 12, 2004, in consideration of a loan in the principal amount of $99,900.00, the Defendants executed and delivered to Equity One, Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 7.8800 percent per annum, payable as to the principal and interest in equal monthly installments of $724.69 commencing January 1, 2005. The current interest rate is 11.875 percent per annum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Equity One, Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated November 12, 2004, recorded on November 18, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1888, Page 1909. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 60 Conrad Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$98,183.19 Accrued but Unpaid Interest from 11/1/06 to 12/31/06 @ 7.8800% per annum ($21.20 per diem) 1/1/07 to 6/30/07 @ 10.880% per annum ($29.27 per diem) 7/1/07 to 10/12/07 @ 11.875% per annum ($31.94 per diem) ................ ........................$9,912.83 Accrued Late Charges ......... ...........................$417.33 Corporate Advance .............. ...........................$145.50 Escrow Advance .................. ........................$2,607.00 Title Search Fees ................. ...........................$350.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 10/12/2007 ........................$112,865.85 Plus, the following amounts accrued after October 12, 2007: Interest at the Rate of 11.875 per cent per annum ($31.94 per diem); Late Charges of $36.23 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 60 Conrad Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $112,865.85, plus the following amounts accruing after October 12, 2007, to the date of judgment: (a) interest of $31.94 per day, (b) late charges of $36.23 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff VERIFICATION I, Chrisovalante P. Fliakos, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. '4904, relating to unworn falsification to authorities. Name: Chrisovalante P. Fliakos, Esquire Title: Attorney 0 0 EXHIBIT A EXHIBIT "A" LEGAL DESCRIPTION ALL that certain parcel of land and improvements thereon situate in the Township of Middlesex, County of Cumberland and Commonwealth of Pennsylvania, and designated as Parcel No. 21-22-0119-028 and more fully described in a Deed dated May 17, 2001 and recorded May 29, 2001 in Cumberland County in Deed Book Volume 245 at Page 455, granted and conveyed unto Larry L. Foster and Kimberly K. Foster, husband and wife. UNDER AND SUBJECT to all existing easements, covenants, conditions and restrictions of record. A T181HX3 . i ? 3 S •' l O t b 93 -i Ctfi MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-29 Plaintiff, Vs. Larry L. Foster, and Kimberly K. Foster, Defendants. TO THE PROTHONOTARY: Attorney for Plaintiff File No. 1.06940 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-6063 civil Term Praecipe to Dismiss the Mortgage Foreclosure Action without Prejudice Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. tI EAD & A SSOCIATES, LLC o alante P. Fliakos, Esquire Attorney ID No. 94620 C. ? ?;'? 4a .. r.? _ c.-? '? C?« C.:r ?' ,?.?? SHERIFF'S RETURN - REGULAR CASE NO: 2007-06063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FOSTER LARRY L ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOSTER LARRY L DEFENDANT the at 1540:00 HOURS, on the 25th day of October , 2007 at 60 CONRAD RD CARLISLE, PA 17013 LARRY L FOSTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 01 1 .00 JIS 32.80 " 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/15/2007 MILSTEAD & ASSOCIATES By. Depu y Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06063 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FOSTER LARRY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FOSTER KIMBERLY K but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , the within named DEFENDANT He therefore returns the NOT FOUND , as to FOSTER KIMBERLY K 60 CONRAD RD CARLISLE, PA 17013 DEFENDANT HAS NOT LIVED AT 60 CONRAD ROAD CARLISLE SINCE JANUARY 2006. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 So ans . i'nomas Ki lne ix of Cumberland County LSTEAD & ASSOCIATES 11/16/2007 .00 21.06 Sworn and Subscribed to before me this day of A. D.