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HomeMy WebLinkAbout08-6836 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 under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Norman L. Shirk 25 Carlisle Road Newville, PA 17241, and Brianne M. Shirk 25 Carlisle Road Newville, PA 17241, Defendants. Attorney for Plaintiff File: 55.09623 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: Qi' 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 *******+r??,r***?r*?r?r*******?r?e+t?**?rit*?r?x?t??t?t?r?t***?t?rr********?r*****,rant******?*?t?t?r*?r*??*?,r* NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT dr,r?*,rt?reret?t**a",r*?rar,r***,ta•,rde+r****,r,r,rt**?t**?rt?t***,ta:?r,r*ot,rar**,rir?teriexye+t*a•*x?yr,r*ar?rdt?r?r**?tar??r,ra•*?tett***,r?t* 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 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Norman L. Shirk 25 Carlisle Road Newville, PA 17241, and Brianne M. Shirk 25 Carlisle Road Newville, PA 17241, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (the "Plaintiff'), is a 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, Norman L. Shirk and Brianne M. Shirk, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Norman L. Shirk, Defendant, resides at 25 Carlisle Road, Newville, PA 17241. Brianne M. Shirk, Defendant, resides at 25 Carlisle Road, Newville, PA 17241. 4. On December 27, 2006, in consideration of a loan in the principal amount of $107,100.00, Norman L. Shirk, the Defendant, executed and delivered to EquiFirst Corporation an adjustable rate note (the "Note") with interest thereon at 9.800 percent per annum, payable as to the principal and interest in equal monthly installments of $924.09 commencing February 1, 2007. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Incorporated as nominee for EquiFirst Corporation a mortgage (the "Mortgage") dated December 27, 2006, recorded on January 2, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Book 1977, Page 4785. 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 to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 25 Carlisle Road, Newville, PA 17241. 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 ................................$106,265.63 Accrued but Unpaid Interest from 4/1/08 to 11/18/08 @ 9.800% per annum ($28.53 per diem) ........................................$6,618.96 Accrued Late Charges ....................................$245.50 Corporate Advance ...................... .............$295.55 Escrow Advance .............................................$387.00 Title Search Fees ............................................$350.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 11/18/2008 ........................$115,412.64 Plus, the following amounts accrued after November 18, 2008: Interest at the Rate of 9.800 per cent per annum ($28.53 per diem); Late Charges of $46.20 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.SA 680.40 1 (c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 25 Carlisle Road, Newville, PA 17241 as well as to address of residences as listed in paragraph 3 of this document on July 7, 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, $115,412.64, plus the following amounts accruing after November 18, 2008, to the date of judgment: (a) interest of $28.53 per day, (b) late charges of $46.20 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 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 11-10-'08 14:36 FROM- T-073 P021/031 F-340 )EXhibn, EXHIgITq ALL that certain tract of land situate in the Township of West Pennsboro, Cumberland County, rennsxylvania, being Lot No. X A in Block Z in Big Spring Heights Plan of Lots laid out by Andrew McElwain, said plan being recorded in the Recorder's Office and described as follows: ON the South by the concrete road leading from Newville to Carlisle; on the West by Lot No. 10; on the North by lend now or formerly of Andrew McMwvaia; ou the East by Lot No. 12; having a frontage on the concrete road of fifty-one (51) feet and six (6)i inches and a depth of three handred eighty-four (384) feet. '1 iS2?^ 70tF1'c` ex 977PG480I 11107P2wo 17:06:25 AM CUMBERLAND COUNTY Inst.;6E 200700031 -Page 17 of 20 c°-, LO Ln ` 17) ?c? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06836 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIRK NORMAN L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SHIRK NORMAN L but was unable to locate Him to wit: in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE On December 16th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe Docketing 6.00 Out of County 9.00 ?__.... Surcharge 10.00 R. Thomas Kline Dep Dauphin County 49.25 Sheriff of Cumberland County Postage 1.68 75.93 ? ?a?1'??° g 12/16/2008 MILSTEAD & ASSOCIATES Sworn and subscribe to before me this day of County, Pennsylvania, to A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06836 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIRK NORMAN L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHIRK BRIANNE M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 99P BEETEM HOLLOW ROAD SHIRK BRIANNE M NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service 9.90 Not Found 5.00 Surcharge //?? 10.00 P 8 `T"'? 0. 9 0 So answers• R. Thom As Kline Sheriff of Cumberland County MILSTEAD & ASSOCIATES 12/16/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06836 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIRK NORMAN L ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE 4T4TRK NORMAN L was served upon the DEFENDANT , at 1915:00 HOURS, on the 26th day of November , 2008 at 25 CARLISLE ROAD NEWVILLE, PA 17241 BRIANNE M SHIRK by handing to ADULT IN CHARGE 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 6.30 Affidavit .00 Surcharge 10.00 1AIWO e .00 34.30 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/16/2008 MILSTEAD & ASSOCIATES By Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06836 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIRK NORMAN L ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHIRK BRIANNE M was served upon the DEFENDANT , at 1915:00 HOURS, on the 26th day of November , 2008 at 25 CARLISLE ROAD NEWVILLE, PA 17241 BRIANNE M SHIRK 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: So Answers: Docketing 6.00 Service 00 Affidavit 00 Surcharge 10.00 R. Thomas Kline e',1?IR/OC ?n? .00 16.00 12/16/2008 MILSTEAD & ASSOCIATES Sworn and Subscibed to By: .? _ 01 before me this day Deputy Sheriff of A. D. In The Coin of Common Pleas of Cumberland Co.unty, Peniisylvaiiga DQutsche Bank National Trust Company vs. Norman L.'Shirk et al SERVE: Norman L. Shirk. No. 08-6836 civil Now, November 20, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA Mtfitg of the- *11crife der Mary Jane Sn l E t D R y sta e epu ea William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania DEUTSCHE BANK NATIONAL TRUST COMPANY VS County of Dauphin NORMAN L SHIRK Sheriffs Return No. 2008-T-2430 OTHER COUNTY NO. 086836 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for NORMAN L SHIRK the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 28, 2008. PER MARY SHIRK (DEFT'S MOTHER) DEFENDANT LIVES IN NEWVILLE, PA Sworn and subscribed to before me this 1 ST day of December, 2008 So Answers, lez?7° 1c- NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County LM Commission Expires Set 1 2010 Sheriff of Da in Co ty By Deputy SheriffK G MILLER Sheriffs Costs: $49.25 11/24/2008 MILSTI?AD & 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 under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Norman L. Shirk 25 Carlisle Road Newville, PA 17241, and Brianne M. Shirk 25 Carlisle Road Newville, PA 17241, Defendants. Attorney for Plaintiff File: 55.09623 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0?f ' LP?3(Q ?? r' ?a rln CIVIL ACTION MORTGAGE FORECLOSURE I*RUE COPY FHOM RECOHL. Ye:oft" wh1w. I we sit MY bw Ad Eg Of Sad at $ ft. 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 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Norman L. Shirk 25 Carlisle Road Newville, PA 17241, and Brianne M. Shirk 25 Carlisle Road Newville, PA 17241, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (the "Plaintiff'), is a 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, Norman L. Shirk and Brianne M. Shirk, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. '3. Norman L. Shirk, Defendant, resides at 25 Carlisle Road, Newville, PA 17241. Brianne M. Shirk, Defendant, resides at 25 Carlisle Road, Newville, PA 17241. 4. On December 27, 2006, in consideration of a loan in the principal amount of $107,100.00, Norman L. Shirk, the Defendant, executed and delivered to EquiFirst Corporation an adjustable rate note (the "Note") with interest thereon at 9.800 percent per annum, payable as to the principal and interest in equal monthly installments of $924.09 commencing February 1, 2007. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Incorporated as nominee for EquiFirst Corporation a mortgage (the "Mortgage") dated December 27, 2006, recorded on January 2, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Book 1977, Page 4785. 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 to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 25 Carlisle Road, Newville, PA 17241. 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 ................................$106,265.63 Accrued but Unpaid Interest from 4/1/08 to 11/18/08 @ 9.800% per annum ($28.53 per diem) ...................... Accrued Late Charges ....................... Corporate Advance ............................ Escrow Advance ................................ Title Search Fees .........................._- Reasonable Attorney's Fees .............. TOTAL as of 11/18/2008 .................. ................$6,618.96 ............. $245.50 .............$295.55 .............$387.00 .............$350.00 ..........$1,250.00 ......$115,412.64 Plus, the following amounts accrued after November 18, 2008: Interest at the Rate of 9.800 per cent per annum ($28.53 per diem); Late Charges of $46.20 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 25 Carlisle Road, Newville, PA 17241 as well as to address of residences as listed in paragraph 3 of this document on July 7, 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, $115,412.64, plus the following amounts accruing after November 18, 2008, to the date of judgment: (a) interest of $28.53 per day, (b) late charges of $46.20 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 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 ? 11-10-'08 14:36 FROM- T-073 P021/031 F-340 )R,W;t A SX'qII3I_rq ALL that certain tract of land situate in the Township of West Pennsboro, Cumberland County, Peantylvania, being Lot No. X 1 is Block 2 in Sig Spring Heights Plan of Lots laid out by Andrew McElwain, said Plan being recorded in the Recorder's puce and described as follows: ON the South by the concrete road leading from NewAlle to Carlisle; on the West by Lot No. 10; olk the North by land now or !formerly of Andrew 1MlieMwida; on the East by Lot No. 12; having a frontage on the concrete road of fifty-one (51) feet and six (6) inches and a depth of three hundred eighty-four (384) feet. BK 1977PG480 I 11107r20D5 11:05:25 AM CUMBERLAND COUNTY Inst.# 200700031 - Page V of 20 ZS :E d b i AON 90Ot Y { k * 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 under Pooling and Servicing Agreement dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, Vs. Norman L. Shirk, and Brianne M. Shirk, Attorney for Plaintiff 55.09623 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-6836 Civil Term Praecive to Dismiss the Mortgage Foreclosure Action without Preiudice Defendant(s) TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00357390} APY OF THE 2009 JUL -2 AN 11: 4 2