The URL can be used to link to this page

Home My WebLink About04-0076MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, under the Pooling and Servicing Agreement dated as of June 1, 1998 PO Box 26953 Greensboro, NC 27419 Plaintiff Vs. Robert L. Hollister 336 Fairview Street Carlisle, PA 17013 Ginger L. Hollister 336 Fairview Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) 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 2 Liberty Avenue 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 judgement will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, under the Pooling and Servicing Agreement dated as of June 1, 1998 PO Box 26953 Greensboro, NC 27419 Plaintiff VS. Robert L. Hollister 336 Fairview Street Carlisle, PA 17013 Ginger L. Hollister 336 Fairview Street Carlisle, PA 17013 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Norwest Bank Minnesota, National Association, as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, under the Pooling and Servicing Agreement dated as of June 1, 1998, is a mortgage company, having an office and place of business at PO Box 26953, Greensboro, NC 27419. 2. Defendants, Robert L. Hollister and Ginger L. Hollister, are the real owners of the premises hereinafter described. 3. Robert L. Hollister, Defendant, resides at 336 Fairview Street, Carlisle, PA 17013 and Ginger L. H011ister, Defendant, resides at 336 Fairview Street, Carlisle, PA 17013. 4. On April 3, 1998, Defendants, Robert L. Hollister and Ginger L. Hollister, executed and delivered to Amresco Residential Mortgage Corporation a note (the "Note") and mortgage (the "Mortgage"). The Mortgage was recorded on April 8, 1998 in the Department of Records in and for the County of Cumberland under Mortgage Book 1444, Page 733. On May 30, 2000, The Mortgage was assigned to Norwest Bank Minnesota, National Association, as trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-2, under the Pooling and Servicing Agreement dated as of Junel, 1998 recorded in the Coumty of Cunberland in Book 645 Page 238. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 5. The said Note and Mortgage were in the principal amount of $34,000.00, with interest thereon at 12.63%. per annum, payable as to the principal and interest in equal monthly installments of $421.94 commencing June 1, 1998. 6. The Mortgage covers the following real estate (the "Mortgaged Premises"): 336 Fairview Street, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The mortgage is in default because payments of principal and interest due May 1, 2003, 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 $28,786.96 Accrued but Unpaid Interest from 4/1/03 through 1/2/04 @ 12.63%. per annum ($9.96 per diem) Acrrued Late Charges Title Search Fees Reasonable Attorney's Fees TOTAL as of January 2, 2004 $ 2,758.92 $ 379.75 $ 2OO.OO $ 1250.00 $ 33,375.63 Plus, the following amounts accrued after January 2, 2004: Interest at the Rate of 12.63%. per annum ($9.96 per diem); Late Charges of $42.19 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 336 Fairview Street, Carlisle, PA 17013 on September 18, 2003, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. Tree and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amotmt due as set forth in paragraph 8, namely, $33,375.63, plus the following amounts accruing after January 2, 2004, to the date of judgment: (a) interest of $9.96 per day; late charges of $42.19 per month; plus interest at the legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. STEAD &q~SIDCIATES, LLC ~)?ina M. Camz, Esquire] Attorney for Plaintiff VERIFICATION I, Corina M. Caniz, 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 unswom falsification to authorities. liXt ItDI'I' C- I.H(;:\i. I)IZSCI(III 1'1(3', SHERIFF'S RETURN - CASE NO: 2004-00076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINESOTA NATIONAL VS HOLLISTER ROBERT L ET AL REGULAR BRYAN WARD , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HOLLISTER ROBERT L DEFENDANT , at 1951:00 HOURS, at 336 FAIRVIEW STREET CARLISLE, PA 17013 GINGER HOLLISTER, a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of January , 2004 by handing to ADULT IN CHARGE - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docket ing 18.00 .,~~ Service 3.45 ~ ~-~-~f~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.45 01/20/2004 MILSTEAD & ASSOC Sworn and Subscribed to before me this ~-~-- day of By: Deput~ Sheriff SHERIFF'S RETURN - CASE NO: 2004-00076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINESOTA NATIONAL VS HOLLISTER ROBERT L ET AL REGULAR BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE _ was served upon HOLLISTER GINGER L DEFENDANT at at 336 FAIRVIEW STREET CARLISLE, PA 17013 GINGER HOLLISTER a true and attested copy of COMPLAINT the 1951:00 HOURS, on the 16th day of ~anuary by handing to MORT FORE together with , 2004 and at the same time directing Her attention to the contents thereof. heriff's Costs: Docketing 6.00 ~ervice .00 ~ffidavit .00 :urcharge 10.00 .00 16.00 }rn and Subscribed to before this 22~ day of J~u~ ~' A.D. So Answers: R. Thomas Kline 01/20/2004 MILSTEAD & ASSOC By: MILSTEAD & ASSOCIATES, LLC BY: Corin a M. Connors, Esquire Attorney ID# 83509 Woodland Fails Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 856-482-1400 Attorney for Plaintiff(s) File No. 03-12-02158 Norwest I :ink Minnesota, National Association, as Trustee f, ~' the Amresco Residential Securities Mortgage Loan Trust 1998-2, under the Pooling and Servi~ lng Agreement dated as of July 1, 1998 Plaintiff VS. Robert L. ' ~ollister Ginger L. ~,llister COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-76 Praecipe to Dismiss Comnlaint Without Prejudice TO THE PROTHONOTARY: l~: ",, c!ismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. Milste~& Associates, LLC BY: ~n~a M.~C~o~c~' Attorney ID No. 83509