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HomeMy WebLinkAbout08-5344 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 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 750679 Plaintiff, Vs. Jeffrey T. Barry 631 Lowther Street Lemoyne, PA 17043, and Michelle L. Haas a/k/a Michelle L. Barry 631 Lowther Street Lemoyne, PA 17043, Attorney for Plaintiff File: 9.09264 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. 08 - 534y eivi l -Fer 1 CIVIL ACTION MORTGAGE FORECLOSURE Defendants. 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:Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC Vk/a Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Jeffrey T. Barry 631 Lowther Street Lemoyne, PA 17043, and Michelle L. Haas a/k/a Michelle L. Barry 631 Lowther Street Lemoyne, PA 17043, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 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. Defendants, Jeffrey T. Barry and Michelle L. Haas a/k/a Michelle L. Barry, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Jeffrey T. Barry, Defendant, resides at 631 Lowther Street, Lemoyne, PA 17043. Michelle L. Haas a/k/a Michelle L. Barry, Defendant, resides at 631 Lowther Street, Lemoyne, PA 17043. 4. On March 26, 2003, in consideration of a loan in the principal amount of $78,200.00, the Defendants executed and delivered to Centex Home Equity Company, LLC an adjustable rate note (the "Note") with interest thereon at 10.250 percent per annum, payable as to the principal and interest in equal monthly installments of $700.76 commencing May 1, 2003. The current interest rate is 15.0 percent per annnum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Centex Home Equity Company, LLC a mortgage (the "Mortgage") dated March 26, 2003, recorded on March 28, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1802, Page 3883. 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"): 631 Lowther Street, Lemoyne, PA 17043. 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 May 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 ..................................$76,353.29 Accrued but Unpaid Interest from 4/1/08 to 9/5/08 @ 15.0% per annum ($31.38 per diem) ........................................$4,958.04 Accrued Late Charges ......... ........................$1,575.61 Corporate Advance .............. ......................$14,640.71 Escrow Advance .................. ........................$1,937.92 Title Search Fees ................. ...........................$350.00 Forbearance Suspense .......... ......................... -$978.10 Insufficient Funds Charges .. .............................$20.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 09/05/2008 .... ....................$100,107.47 Plus, the following amounts accrued after September 5, 2008: Interest at the Rate of 15.0 per cent per annum ($31.38 per diem); Late Charges of $35.04 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P. S.'l 680.401 (c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 631 Lowther Street, Lemoyne, PA 17043 as well as to address of residences as listed in paragraph 3 of this document on July 23, 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, $100,107.47, plus the following amounts accruing after September 5, 2008, to the date of judgment: (a) interest of $31.38 per day, (b) late charges of $35.04 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 = 4? ? e) Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, 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: Mary L. Harbert-Bell, Esquire Title: Attorney 5EP-02 U H (TUE) 11:11 Patricia Black Rbstractin9 (FAX)717 337 2248 P.026/033 ' - Date: 03/t912003 EXHIBIT A T'a? Ordex Number: 000010187 Re: Jeffrey T. Barry 631 LOUTHER STREET Michmlle L. Bear UMYNZ~, PA 17043 CUMBERLAND County NIP- ALL THAT CERTAIN lot or piece of ground with tho buildings and improvements thereon erected, situate in the Borough of Lemoyne, county of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to Survey of 0. P. Raffeasperger Registered Surveyor, dated October 26, 1954, as follows: BEGINNING at a point on the northerly side of Lowther Street 105 feet eastwardly of the northeasterly corner of the intersection of Lowther street and Seventh Street, also at the dividing line between Lots No*. 19 and 31, Section "A" on hereinafter mentioned plan of Iota: thence North 36 degrees 31' West, along the same and along Lot No. 30, Section "A" on said Plea 105 feet to a point on the dividing line between Lots NOV. 19 and 20, Section "A"1 thence North 53 degrees 29, East along the same 60 feet to a point at the dividing line between Lots Dios. 28 and 19, Section "A" on said plan: thence South 36 degrees 31, Last, along the saine 105 feet to a point on the northerly aide of Lowther 9treetl thence westwardly along the same, 60 feet to a point, the place of beginning. BEING Lot No. 19, Section "A" on Plan of Weldon Terrace, as recorded in Plan Book 4, page 99, Cumberland County records, House No. 631 Lowther Street. HAVING THEREON erected a one story brick and block dwelling house. S Low?-ker S4o'e-r + Bun 180(-F,3899. PW: 6 0( 6 Order Number 0W1QW h' p IK 00 0 ? pu ? J D -:1 ? --r, CC) r 0 SHERIFF'S RETURN - REGULAR I CASE NO: 2008-05344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BARRY JEFFREY T ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BARRY JEFFREY T DEFENDANT the at 0920:00 HOURS, on the 13th day of September, 2008 at 631 LOWTHER STREET LEMOYNE, PA 17043 by handing to MICHELLE L BARRY, 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 44.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/15/2008 MILSTEAD & ASSOCIATES By: Deputy Sheriff A. D. was served upon SHERIFF'S RETURN - REGULAR 1 CASE NO: 2008-05344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BARRY JEFFREY T ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HAAS MICHELLE L AKA MICHELLE L BARRY the DEFENDANT , at 0920:00 HOURS, on the 13th day of September, 2008 at 631 LOWTHER STREET LEMOYNE, PA 17043 was served upon by handing to MICHELLE L BARRY 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 1Ulb'1/a L?, 00 16. 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/15/2008 MILSTEAD & ASSOCIATES By: Deputy Sheriff 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 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff, Vs. Jeffrey T. Barry, and Michelle L. Haas a/k/a Michelle L. Barry, Defendants. TO THE PROTHONOTARY: Attorney for Plaintiff File No. 9.09264 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5344-Civil term Praecive to Dismiss the Mortgage Foreclosure Action without Prejudice Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC (PL71H?arb-ert-Bell, Esquire Attorney ID No. 80763 c.? Q i} ?