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HomeMy WebLinkAbout08-6395 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 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. David L. Beetem 1051 Bellaire Park Road Carlisle, PA 17013, and Heidi J. Beetem 1051 Bellaire Park Road Carlisle, PA 17013, Defendants. Attorney for Plaintiff File: 9.09578 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: ep O M5' ()I-r, 7-??'/Yl 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: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067, Plaintiff, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: `)s- L,39S ' Vs. David L. Beetem 1051 Bellaire Park Road Carlisle, PA 17013, CIVIL ACTION MORTGAGE FORECLOSURE and Heidi J. Beetem 1051 Bellaire Park Road Carlisle, PA 17013, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage, 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, David L. Beetem and Heidi J. Beetem, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. David L. Beetem, Defendant, resides at 1051 Bellaire Park Road, Carlisle, PA 17013. Heidi J. Beetem, Defendant, resides at 1051 Bellaire Park Road, Carlisle, PA 17013. 4. On December 6, 2006, in consideration of a loan in the principal amount of $93,600.00, the Defendants executed and delivered to Paramount Mortgage Services, Incorporated a balloon note (the "Note") with interest thereon at 7.950 percent per annum, payable as to the principal and interest in equal monthly installments of $683.54 commencing January 11, 2007. 5. To secure the obligations under the Note, the Defendants executed and delivered to Paramount Mortgage Services, Incorporated a mortgage (the "Mortgage") dated December 6, 2006, recorded on December 15, 2006 in the Department of Records in and for the County of Cumberland under Mortgage Book 1976, Page 1645. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party Plaintiff by way of an assignment recorded on May 21, 2007 under Book 0737, Page 0218. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 1051 Bellaire Park Road, Carlisle, PA 17013. 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 11, 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 .................................. $92,804.74 Accrued but Unpaid Interest from 6/11/08 to 10/28/08 @ 7.950% per annum ($20.21 per diem) ...................................... ..$2,829.40 Accrued Late Charges ............................... .....$641.90 Corporate Advance .................................... ..$1,864.65 Escrow Advance ........................................ .....$351.86 Title Search Fees ....................................... .....$350.00 Insufficient Funds Charges ........................ .......$40.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 10/28/2008 ........................$100,132.55 Plus, the following amounts accrued after October 28, 2008: Interest at the Rate of 7.950 per cent per annum ($20.21 per diem); Late Charges of $82.50 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 1051 Bellaire Park Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on September 12, 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, $100,132.55, plus the following amounts accruing after October 28, 2008, to the date of judgment: (a) interest of $20.21 per day, (b) late charges of $82.50 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 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 Plaintiffs 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. o X? Name: Mary L. Harbert-Bell, Esquire Title: Attorney Oct-22-2008 11:00am From- J T-357 P.013/034 F-720 ` dX • U3J-W")0b NU V 10 [LUD ?o - c [ .. 4:. 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Saute 3 Tr=M4 raw Recorder oFDeeds 12/18/2006 T 116:35 1TX/RX NO 50561 ' I. il 101 10/22!2008 10:39:15 AM CUMBERLAND COUNTY InstA 200717176 - Page 2 of 2 !S7 t"? 7LL7 cl-? ] ,^a r ti .%N% SHERIFF'S RETURN - REGULAR CASE NO: 2008-06395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONASTAR MORTGAGE LLC VS BEETEM DAVID L ET AL KENNETH E 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 BEETEM DAVID L the DEFENDANT , at 0020:40 HOURS, on the 30th day of October , 2008 at 1051 BELLAIRE PARK ROAD CARLISLE, PA 17013 by handing to ERICA BEETEM ADULT DAUGHTER OF DEFENDANT 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 okild8 18.00 5.00 .00 10.00 00 33.00 So Answers: ee" taoo-!L, - R. Thomas Kline 10/31/2008 MILSTEAD ASSOCIATES Sworn and Subscibed to By: before me this day of A.D. .?, >. `?? ti r•. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONASTAR MORTGAGE LLC VS BEETEM DAVID L ET AL KENNETH E 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 BEETEM HEIDI J the DEFENDANT at 0020:40 HOURS, on the 30th day of October , 2008 at 1051 BELLAIRE PARK ROAD CARLISLE, PA 17013 by handing to ERICA BEETEM ADULT DAUGHTER OF DEFENDANT 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 So Answers: 6.00 .00 00 10.00 R. +rhomas Kline .00 16.00 10/31/2008 MILSTEAD & ASSOCIATES Sworn and Subscibed to By: before me this day of 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. 9.09578 Nationstar Mortgage, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 08-6395 Civil Term David L. Beetem, Praecipe to Dismiss the Mortgage and Foreclosure Action without Prejudice Heidi J. Beetem, Defendants. TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. ILSTEAD & ASSOCIATES, LLC L Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 Yea ,.-.. ?.., -, , ?.. ? c` ? ?.