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Home My WebLink About08-2111MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Timothy W. Edwards 303 Norman Road Camp Hill, PA 17011, and Diana L. Edwards 303 Norman Road Camp Hill, PA 17011, Attorney for Plaintiff File: 55.08177 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: M - all1 -Fem CIVIL ACTION MORTGAGE FORECLOSURE Defendants. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee, Plaintiff, Vs. Timothy W. Edwards, and Diana L. Edwards, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2111 Civil Term Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Deutsche Bank National Trust Company as Trustee, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 { 3 P ' ` 1 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:Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company COURT OF COMMON PLEAS as Trustee CUMBERLAND COUNTY 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, i No.: Vi- 9//1 Vs. CIVIL ACTION MORTGAGE FORECLOSURE Timothy W. Edwards 303 Norman Road Camp Hill, PA 17011, and Diana L. Edwards 303 Norman Road Camp Hill, PA 17011, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Deutsche Bank National Trust Company as Trustee (the "Plaintiff'), is a Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4837 Watt Avenue, Suite 100, No. Highlands, CA 95660. 2. Defendants, Timothy W. Edwards and Diana L. Edwards, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Timothy W. Edwards, Defendant, resides at 303 Norman Road, Camp Hill, PA 17011. Diana L. Edwards, Defendant, resides at 303 Norman Road, Camp Hill, PA 17011. 4. On August 26, 2005, in consideration of a loan in the principal amount of $122,550.00, the Defendants executed and delivered to New Century Mortgage Corporation an adjustable rate note (the "Note") with interest thereon at 8.675 percent per annum, payable as to the principal and interest in equal monthly installments of $957.55 commencing October 1, 2005. 5. To secure the obligations under the Note, the Defendants executed and delivered to New Century Mortgage Corporation a mortgage (the "Mortgage") dated August 26, 2005, recorded on September 23, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1924, Page 0932. 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"): 303 Norman Road, 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 January 1, 2008, 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 ................................$120,487.48 Accrued but Unpaid Interest from 12/1/07 to 2/29/08 @ 10.175% per annum ($33.59 per diem) 3/1/08 to 4/1/08 @ 8.75 per annum ($28.88 per diem) ........................................$3,980.85 Accrued Late Charges ....................................$879.93 Corporate Advance .........................................$300.63 Title Search Fees ............................................$350.00 Insufficient Funds Charges ...............................$25.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 04/01/2008 ........................$127,273.89 Plus, the following amounts accrued after April 1, 2008: Interest at the Rate of 8.75 per cent per annum ($28.88 per diem); Late Charges of $48.24 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P. SA 680.401 (c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 303 Norman Road, Camp Hill, PA 17011 as well as to address of residences as listed in paragraph 3 of this document on January 4, 2008, 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, $127,273.89, plus the following amounts accruing after April 1, 2008, to the date of judgment: (a) interest of $28.88 per day, (b) late charges of $48.24 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 I r,\ Heidi R. Sp v , Esquire Attorney for Plaintiff VERIFICATION I, Heidi R. Spivak, 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. a Name: Heidi . Spivak, Esquire Title: Attorney EXHISITA AM ft =at pascal of laud and impta"m mts thosson sitaata is o!e at rater Aum, Cooatw os Cnabsrlasd and Co ma m"th bars lsll ' and d d as tarot Wo. 13-23-0343-204 mW daaorabd in a Dasd dated Naw4abow 24, 2000 aad xaoagftd r 2000 is C hwlaad Comtr is Dead BoaiC vb]. s 83.'i at paps 309, an%od and oon?sd aato !Moth? V- SOMMU and Diana L. udwarda, hits Mils. Certify d'us r .!- recorded t tr . -:,..;, PA in ?berlan=» ,' ? r of Deeds Racor U192 PG0993 u q T1131HY7 OO _r: T T R ? _a 0 cip -t , I,, SHERIFF'S RETURN - REGULAR CASE NO: 2008-02111 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS EDWARDS TIMOTHY W ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EDWARDS TIMOTHY W the DEFENDANT , at 1820:00 HOURS, on the 16th day of April 2008 at 303 NORMAN ROAD CAMP HILL, PA 17011 by handing to DIANA L EDWARDS, WIFE 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 '11-nlof -?- So Answers: R. Thomas Kline 04/17/2008 & ASSO;CIATE By: -- 1 11-2 18.00 16.00 .00 10.00 .00 44.00 Sworn and Subscibed to before me this day of A. D. MILSTEAD SHERIFF'S RETURN - REGULAR CASE NO: 2008-02111 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS EDWARDS TIMOTHY W ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EDWARDS DIANA L the DEFENDANT , at 1820:00 HOURS, on the 16th day of April 2008 at 303 NORMAN ROAD CAMP HILL, PA 17011 DIANAN L EDWARDS 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 Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: r R. Thomas Kline 04/17/2008 MILSTEAI & A:SS;OCIA By A. D. ot 0 IL MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee CUMBERLAND COUNTY 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, No.: 08-2111 Civil Term Vs. ' Timothy W. Edwards 303 Norman Road Camp Hill, PA 17011, and Diana L. Edwards 303 Norman Road Camp Hill, PA 17011, Defendants. PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Timothy W. Edwards and Diana L. Edwards, Defendants, for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $127,273.89 Interest 4/2/08 through 06/04/08 1,848.32 Late Charges 96.48 Additional Corporate Advance 769.00 TOTAL $129,987.69 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ?y?GLS?b PRO NOTA V MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our file number: 55.08177 Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee, CUMBERLAND COUNTY Plaintiff, Vs. Timothy W. Edwards and Diana L. Edwards, Defendants. No.: 08-2111 Civil Term TO: Timothy W. Edwards Diana L. Edwards 303 Norman Road, 303 Norman Road, Camp Hill, PA 17011 Camp Hill, PA 17011 DATE OF NOTICE: May 19, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. 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. {00020971} Page I of 2 16 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff (00020971) Page 2 of 2 4 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee, Plaintiff, Vs. Timothy W. Edwards, and Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2111 Civil Term Diana L. Edwards, Defendants. VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Timothy W. Edwards, is over 18 years of age and resides at 303 Norman Road, Camp Hill, PA 17011, 3. defendant, Diana L. Edwards, is over 18 years of age and resides at 303 Norman Road, Camp Hill, PA 17011. ?_m? Mary L. Harbert-Bell, Esquire ` c °O u n y -n OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Timothy W. Edwards Diana L. Edwards Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee, CUMBERLAND COUNTY Plaintiff, No.: 08-2111 Civil Term Vs. Timothy W. Edwards, and Diana L. Edwards, Defendants. NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: MARY L. HARBERT-BELL, ESQ. #80763 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 08-2111 Civil Term Timothy W. Edwards, Praeciae to Vacate Judgment and Discontinue and End Action and Diana L. Edwards, Defendant(s). TO THE PROTHONOTARY: Kindly vacate the Default Judgment filed on June 5, 2008 in the amount of $129,987.69 and Discontinue and End the above captioned Mortgage Foreclosure action without Prejudice. MILSTEAD & ASSOCIATES, LLC 6#zzk Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00268931) 7l r p D c.n