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Home My WebLink About07-6293s 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: 1.06892 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2006-A 20 Broad Street New York, NY 10005, Plaintiff, Vs. Thomas E. Terry, Sr., Original Mortgagor and Real Owner 621 Grandview Avenue Camp Hill, PA 17011, and Linda Terry, Original Mortgagor 621 Grandview Avenue Camp Hill, PA 17011, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. 7 - 4,2 93 CIVIL ACTION MORTGAGE FORECLOSURE {00200329} 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 {00200329} * * *,t ?t d t * * * * i t i r i t * ? I r s k ? l r ? l r x * ?A r * ?t ?t, k * ?e * * *, k ? * * * * * * ? i k * sr ?t ?k ?l r * * ?J r s l r * *,t, h ? r * *,t ? * * * * * *,t i F ? t * ? k i r ? l c r * * * * * * *, k i l r * * * * *, k 9 t * * ? r 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. {00200329} 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 # 2006-A 20 Broad Street New York, NY 10005, Vs. Plaintiff, Thomas E. Terry, Sr., Original Mortgagor and Real Owner 621 Grandview Avenue Camp Hill, PA 17011, and Linda Terry, Original Mortgagor 621 Grandview Avenue Camp Hill, PA 17011, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2006-A (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, Thomas E. Terry, Sr., Original Mortgagor and Real Owner and Linda Terry, Original Mortgagor, (collectively, the "Defendants"), are adult individuals. Thomas E. Terry, Sr. is the real owner of the premises hereinafter described. {00200329} 3. Thomas E. Terry, Sr., Original Mortgagor and Real Owner, Defendant, resides at 621 Grandview Avenue, Camp Hill, PA 17011. Linda Terry, Original Mortgagor, Defendant, resides at 621 Grandview Avenue, Camp Hill, PA 17011. 4. On December 19, 2005, in consideration of a loan in the principal amount of $158,000.00, Thomas E. Terry, Sr., the Defendant, executed and delivered to Equity One, Incorporated a note (the "Note") with interest thereon at 8.6900 percent per annum, payable as to the principal and interest in equal monthly installments of $1,236.22 commencing February 1, 2006. 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. a mortgage (the "Mortgage") dated December 19, 2005, recorded on January 9, 2006 in the Department of Records in and for the County of Cumberland under Mortgage Book 1936, Page 4744. 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"): 621 Grandview Avenue, Camp Hill, PA 17011. 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 February 1, 2007, 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: {00200329} Balance of Principal ................................ $156,850.50 Accrued but Unpaid Interest from 1/1/07 to 10/25/07 @ 8.6900% per annum ($37.34 per diem) ......................................$11,127.32 Accrued Late Charges ....................................$556.20 Prepayment Penalty .....................................$5,442.12 Corporate Advance ......................................$1,251.00 Escrow Advance ..........................................$1,319.30 Title Search Fees ............................................$350.00 Deferred Late Charges ....................................$185.43 Insufficient Funds Charges ...............................$25.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 10/25/2007 ........................$178,356.87 Plus, the following amounts accrued after October 25, 2007: Interest at the Rate of 8.6900 per cent per annum ($37.34 per diem); Late Charges of $61.81 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 621 Grandview Avenue, Camp Hill, PA 17011 as well as to address of residences as listed in paragraph 3 of this document on September 20, 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, $178,356.87, plus the following amounts accruing after October 25, 2007, to the date of judgment: (a) interest of $37.34 per day, (b) late charges of $61.81 per month, (c) plus interest at {002003291 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. & OC TES, LLC M! W J? Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff {00200329} 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 unsworn falsification to authorities. ame: Chrisovalante P. Fliakos, Esquire Title: Attorney {00200329} E XHIBIT A s., Stewart Tide Guaranty Company Commitment Number. 2005110174" SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land located in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit BEGINNING at a point on the northern line of Grandview Avenue, 211.25 feet in an easterly direction from the intersection of the East right-of-way line of Erford Road with the North right-of-way fine of Grandview Avenue; thence North 27 degrees 14 minutes West, a distance of 106.33 feet to an iron pin and lands now or formerly of C.A. Holmes; thence along lands now or formerly of C.A. Holmes, North 60 degrees 24 minutes East, a distance of 77.85 fleet to an iron pin at the dividing line of Lots Nos. 21 and 22 on the heref w6w mentioned Ilan of Lots; thence along said dividing line South 31 degrees 40 minutes 10 seconds East, a distance of 119.73 feet to a point In the northem Ins of Grandview Avenue; thence In a Wbsterly direction along the northern Ins of said Avenue on a curve to the right having a radius of 1,003.81 feet, an arc length of 78 feet to a point; thence continuing along the northern One of Grandview Avenue South 62 degrees 46 minutes Vlbst, a distata: of 7.25 feet to a point the place of BEGINNING, according to a survey by Donald E. Kelly, Registered Surveyor, dated June 6,1970. BEING Lot No. 21 and an eastern portion of Lot No. 20 on the Revised Plan of Lots of Grandview Heights, recorded in the Ollie of the Recorder of Deeds for Cumberland County In Plan Book 16, page 53. Parcel #47-19-1590-003A I Certify this to be recor In CuTnberialid County ALTA Conwntrm t Y - ?- ??• ?? ? . Sdodule C R Wj44 4.P IIM74121) ORI936PG4760 A VISIH)(3 NS \j C- cv, CPS d? . r-a C";3 ti? cs, ?S FJ rn Y'. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06293 P " COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS TERRY THOMAS E SR 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 TERRY THOMAS E SR the DEFENDANT at 1830:00 HOURS, on the 2nd day of November , 2007 at 621 GRANDVIEW AVENUE CAMP HILL, PA 17011 by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 14.40 00 10.00 R. Thomas Kline .00 42.40 11/06/2007 MILSTEAD & ASSOCIATES By: day eputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR C,$E NO: 2007-06293 P ' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS TERRY THOMAS E SR 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 TERRY LINDA was served upon the DEFENDANT , at 1830:00 HOURS, on the 2nd day of November , 2007 at 621 GRANDVIEW AVENUE CAMP HILL, PA 17011 LINDA TERRY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharges V/, 1b? Sworn and Subscibed to before me this So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 11/06/2007 MILSTEAD & ASSOCIATES By: day Deputy Sheriff of A. D. MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 1.06892 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2006-A, Plaintiff, Vs. Thomas E. Terry, Sr., Original Mortgagor and Real Owner, and Linda Terry, Original Mortgagor, Defendants. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-6293-Civil Praecine to Dismiss the Mortgage Foreclosure Action without Preiudice Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC Ie`?i R. Spivak, Esquire Attorney ID No. 74770 n ? a C. eX? ,5