The URL can be used to link to this page

Home My WebLink About07-6976MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Thomas Bartholomew 2412 New York Avenue Camp Hill, PA 17011, and Tracy Bartholomew a/k/a Tracey Bartholomew 2412 New York Avenue Camp Hill, PA 17011, Attorney for Plaintiff File: 9.07214 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07 - &qj(p Civil (erm CIVIL ACTION MORTGAGE FORECLOSURE Defendants. 11 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 800-990-9108 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 Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: Thomas Bartholomew 2412 New York Avenue Camp Hill, PA 17011, and Tracy Bartholomew a/k/a Tracey Bartholomew 2412 New York Avenue Camp Hill, PA 17011, Defendants. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage, LLC (the "Plaintiff'), is a Delaware corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 350 Highland Drive, Lewisville, TX 75067. 2. Defendants, Thomas Bartholomew and Tracy Bartholomew a/k/a Tracey Bartholomew, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Thomas Bartholomew, Defendant, resides at 2412 New York Avenue, Camp Hill, PA 17011. Tracy Bartholomew a/k/a Tracey Bartholomew, Defendant, resides at 2412 New York Avenue, Camp Hill, PA 17011. l 4. On September 26, 2006, in consideration of a loan in the principal amount of $85,000.00, the Defendants executed and delivered to Nationstar Mortgage, LLC a note (the "Note") with interest thereon at 10.970 percent per annum, payable as to the principal and interest in equal monthly installments of $807.55 commencing November 1, 2006. 5. To secure the obligations under the Note, the Defendants executed and delivered to Nationstar Mortgage, LLC a mortgage (the "Mortgage") dated September 26, 2006, recorded on September 24, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Instrument Number 200736978. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 2412 New York 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 July 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: Balance of Principal ................................$109,091.52 Accrued but Unpaid Interest from 6/1/07 to 11/19/07 @ 10.970% per annum ($32.79 per diem) .................................... ....$5,639.88 Accrued Late Charges ............................. .......$914.54 Corporate Advance .................................. ....$1,612.37 Escrow Advance ...................................... .......$556.16 Title Search Fees ..................................... .......$350.00 Reasonable Attorney's Fees .................... ....$1,250.00 TOTAL as of 11/19/2007 ........................$119,414.47 Plus, the following amounts accrued after November 19, 2007: Interest at the Rate of 10.970 per cent per annum ($32.79 per diem); Late Charges of $46.02 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 2412 New York Avenue, Camp Hill, PA 17011 as well as to address of residences as listed in paragraph 3 of this document on September 3, 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, $119,414.47, plus the following amounts accruing after November 19, 2007, to the date of judgment: (a) interest of $32.79 per day, (b) late charges of $46.02 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 04 - ?- - Chriso alante 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 unsworn falsification to authorities. Ka-me: Chrisovalante P. Fliakos, Esquire Title: Attorney Seo.29. 2006 11:52AM P( ;ETTLEMENT SOLUTIONS No-1084 P. 21 Issued By ... COamwnwasRh Land Tlne Insurance Corpora*n L.andAmerica Case No. ae-1984 Commonwealth I FAHIBcT A SCHEDULE A - Continued LEGAL DESCRIP71ON ALL THAT PIECE OR PARCEL OF LANE) SITUATE IN LOWER ALLEN TOWNSHIP, CDMBERL.AND COUNTY,PENNSYLVANIA, HOUNDED AND DESCRIBED AS FOLLOWS! BEGINNING AT A POINT ON THE NORTH SIDS OF NEW YORK AVENUE DISTANT WESTERLY THREE HUNDRED TWENTY (320) FEET FROM SCHUYLKILL AVENUE; THENCE RUNNING NORTH ONE HUNDRED FIFTY (150) FEET TO NINA ALLEY; THENCE WESTERLY ALONG SAID ALLEY FORTY (40) FEET; THENCE SOUTHERLY ONE HUNDRED FIFTY (150) FEET TO NEW YORK AVENUE; THENCE EASTERLY ALONG SAID AVENUE FORTY (40) FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 123 ON A PLAN OF IATS LAID OUT BY THE COLUMBIAN LAND IMPROVEMENT COMPANY, RECORDED IN MISCEL14WBOUS RECORD BOOK 14, PAGE 287; SAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE AND NECESSARY OUTBUILDINGS. TAX PARCEL ID: 13-23-0549-084 ADDRESS: 2412 NEW YORK AVENUE CAMP HILL, PA 17011 BEING the same premises which BERNICE M. KELLER, WIDOW, by Fee Simple Deed dated July 14,199Z and rem Jury 23, 1982, In the Otflce of the Recorder of Deeds in and for the County of Cumia4rland, PannsylvwW in Book 35-u, Page 284, granted and conveyed unto JOHN D. SHIMME. AND DELORES M. $HIMMEL, HUSBAND AND WIFE, AS TIE, in fee. Sdrodebe A -Pegs 2 GomrtdYnent No. Oa1984 Thra eommifntenit is kwAAd uNoa Ih+ 1MoeneBon shut end SeheMn A end s are eluded 09/29/2006 11:08AM 4171EIIHX3 .? rv R? lJ . f V 1 ? .. ;, kdA .I '' 1 p i? ...,? lfA ? r ? 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 No. 9.07214 Nationstar Mortgage, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 07-6976 Civil Term Thomas Bartholomew, Praeciae to Dismiss the Mortsase and Foreclosure Action without Preiudice Tracy Bartholomew a/k/a Tracey Bartholomew, Defendants. TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. TEAD & ASSOCIATES, LLC C sovalante P. Fliakos, Esquire Attorney ID No. 94620 (00207754) ?•? 7 .- ?.? e:? ....?.i .?^? ,i? ^7'1 C ? ".7 ?_ ai . i.._ .,? • ; 1' t?? SHERIFF'S RETURN - REGULAR CAS1 NO: 2007-06976 P it COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BARTHOLOMEW THOMAS ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BARTHOLOMEW TRACY AKA TRACEY BARTHOLOMEW was served upon the DEFENDANT , at 1650:00 HOURS, on the 10th day of December-, 2007 at 2412 NEW YORK AVENUE CAMP HILL, PA 17011 TRACY BARTHOLOMEW 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 /-//%9 Qy 16.00 Sworn and Subscibed to before me this day of , So Answers: 1710 R. Thomas Kline 12/12/2007 MILSTEAD & ASSOCIATES By: De ty Sher ff A.D. SHERIFF'S RETURN - REGULAR ,CASE NO: 2007-06976 P 1k I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BARTHOLOMEW THOMAS ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARTHOLOMEW THOMAS the DEFENDANT , at 1650:00 HOURS, on the 10th day of December-, 2007 at 2412 NEW YORK AVENUE CAMP HILL, PA 17011 THOMAS BARTHOLOMEW 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 13.44 Affidavit .00 Surcharge 10.00 /ap716 ?L' ,. 00 41.44 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/12/2007 MILSTEAD & ASSOCIATES By : ?- ?- Dep y Sherif A.D.