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Home My WebLink About08-3026MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067, Vs. Plaintiff, David M. Harner 98 Front Street Enola, PA 17025, _ Defendant. Attorney for Plaintiff File: 9.08474 COURT OF COMMON PLEAS CUMBERLAND COUNTY ,p 01y;t CIVIL ACTION MORTGAGE FORECLOSURE 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:Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. David M. Harner 98 Front Street Enola, PA 17025, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. O k- 3026 6il-t -7-2c., CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC (the "Plaintiff'), is a 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. Defendant, David M. Hamer, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. David M. Hamer, Defendant, resides at 98 Front Street, Enola, PA 17025. 4. On October 29, 2002, in consideration of a loan in the principal amount of $57,000.00, the Defendant executed and delivered to Centex Home Equity Company, LLC a note (the "Note") with interest thereon at 8.490 percent per annum, payable as to the principal and interest in equal monthly installments of $437.88 commencing December 2, 2002. 5. To secure the obligations under the Note, the Defendant executed and delivered to Centex Home Equity Company, LLC a mortgage (the "Mortgage") dated October 29, 2002, recorded on November 12, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 1781, Page 4087. 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"): 98 Front Street, Enola, PA 17025. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due December 4, 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 ..................................$54,362.16 Accrued but Unpaid Interest from 11/4/07 to 5/12/08 @ 8.490% per annum ($12.64 per diem) ........................................$2,414.24 Accrued Late Charges ....................................$205.75 Corporate Advance ......................................$7,282.60 Escrow Advance .............................................$134.70 Title Search Fees ............................................$350.00 Misc. Suspense Balance ................................$379.32 Insufficient Funds Charges ............................... $40.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 05/12/2008 ..........................$65,660.13 Plus, the following amounts accrued after May 12, 2008: Interest at the Rate of 8.490 per cent per annum ($12.64 per diem); Late Charges of $21.89 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 Defendant at 98 Front Street, Enola, PA 17025 as well as to address of residences as listed in paragraph 3 of this document on March 27, 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 Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $65,660.13, plus the following amounts accruing after May 12, 2008, to the date of judgment: (a) interest of $12.64 per day, (b) late charges of $21.89 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. MILSTEA ASSOCIATES, LLC Heidi R. ak, 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 unsworn falsification to authorities. Name: Hei . Spivak, Esquire Title: Attorney MAY-06-2008(TUE) 09:29 Patricia Black Abstracting Sc ME ¦AN EI-y?e?T q ALL THAT CERTAIN LOT, PARCEL, PIECE OP GROUND. SITUATE IN WEST FAIRVIEit 80Ct0UGH, NOW W68T FAIRVIRW VILLAGE. CUMBERLAND Comm, PENNSYLVANIA. 0=080 AND DESCRIBED AS FOLL4KB, TO NIT; BEGINNING AT A POINT IN THE WESTERN LINE OF FRONT STREET, TWcmTY NINE AND ONE HALF (29 1/2) FF.RT SOOTA OF THS SM;THWSST CORNER Op THE INTERSECTION OF FRon AND MAR1w STRm=j THRNCB MESTKAR=y ALONG THH CRNTHR LINE OF LOT No. 9 ON THE H=ZINAFTER MGNT.IONSD PLAN OF LOTS ONE HUNDRED 711IRTY NINE (139) VrVT TO A POINT IN TIM EASTERN LINE OF AN ONNAKED AL "j THENCE BOUTIRMWLT ALONG THE EASTERN LINE OV SAID DNNAMBD ALLEY, TWgM NINE AND ONE HALF (29 112) FILET TO A POINT IN TH5 NORTIMM LINE OF LOT N0. 7J THE14CN WESTKUPLY ALONG THS NORTHERN LINE OF LOT NO. 7, ONE HUNDRED THIRTY NINE (139) FM TO A POINT ON THE WVS=ItN LINE OF FRONT Si1us. TKRNCE NURTHNARDLY ALOM THE KESTARN LINE OF FRONT SWART, TWENTY NINE AND ONE HALF (29 1.3) FEET TO A POINT, TAIL PLACE OF BEQINNING. ' I Ccr* this to be rccordcd In Cumberland County PA Recorder Of Deeds (FRX)717 337 2248 P.047/048 BX 1781 Pb^4103 yy,, ?N fi V'• (H O _ (O ? (::Gl . i .y ? F ` ? _r C3 r .. v ? f C%P SHERIFF'S RETURN - REGULAR CASE NO: 2008-03026 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL VS HARNER DAVID M KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARNER DAVID M the DEFENDANT , at 1541:00 HOURS, on the 14th day of May , 2008 at 98 FRONT STREET ENOLA, PA 17025 T'i'n T TT TI MN TTT TITTTn 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 Service Affidavit Surcharge i 11-?211 c r 18.00 16.00 . 00 10.00 .00 L 44 00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 05/15/2008 MILSTEAD & ASSOCIATES By: De ty S riff A.D. 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 File No. 9.08474 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff, Vs. David M. Harner, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2008-03026 Civil term Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, in the above captioned matter. MILS EAD & ASSOCIATES, LLC [V? U L , a14a'r-yTy . Harbert-Bell, Esquire Attorney ID No. 80763 ? +? :? ~i ,fit ?, ?? -.r . --?; sue`: "`: ?`. ?.._., .... y'ar ..?}.., . ?? .? deCi `:? ?J "? 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 File No. 9.08474 Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC, CUMBERLAND COUNTY Plaintiff, Vs. No.: 2008-03026 Civil term David M. Harner, Praecipe to Dismiss the Mortgage Foreclosure Action without Prejudice Defendant. '. TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC IiA ? 1, J aryl. Harbert-Bell, Esquire Attorney ID No. 80763 ?'7? ? ?:? ? ? .. ? _,,3 ,?; , ? _ -? . ?.. ? a c:. , , ? ? i-?...? ?? .?=.' ' ??; ?: ._._ :?; .. ,__ ..?„ .. _ w ? ?T?