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Home My WebLink About09-0551I. , 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 Sutton Funding LLC 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Richard Harrison 918 Nixon Drive Mechanicsburg, PA 17055, and Margaret Harrison 918 Nixon Drive Mechanicsburg, PA 17055, Defendants. JcIV?L/ I l?'i?l?G? -? ?Y?,rr«t f,?.? , ?/" Too You Pire hereby notified to file a 5a it,: ?,.sponse to the enclosed twenty (20) days from the service hereof or a judgment may be entered against you. Attorney or Plaintiff Attorney for Plaintiff File: 55.09944 COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 ?*?e,?r?,irir??e***?racyr*?*?r?x?*,?rir?tt*,?rr?x**,??,?r?ryryr?**?,?r*,irar*****?,ir?****,?**,?,?r?** 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 Sutton Funding LLC 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07 - 5-rl 6N y J Vs. Richard Harrison 918 Nixon Drive Mechanicsburg, PA 17055, CIVIL ACTION MORTGAGE FORECLOSURE and Margaret Harrison 918 Nixon Drive Mechanicsburg, PA 17055, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Sutton Funding LLC (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, Richard Harrison and Margaret Harrison, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Richard Harrison, Defendant, resides at 918 Nixon Drive, Mechanicsburg, PA 17055. Margaret Harrison, Defendant, resides at 918 Nixon Drive, Mechanicsburg, PA 17055. 4. On August 16, 2007, in consideration of a loan in the principal amount of $100,000.00, Richard Harrison, the Defendant, executed and delivered to EquiFirst Corporation a note (the "Note") with interest thereon at 8.550 percent per annum, payable as to the principal and interest in equal monthly installments of $736.90 commencing October 1, 2007. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation a mortgage (the "Mortgage") dated August 16, 2007, recorded on August 30, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Instrument Number 200734026. 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"): 918 Nixon Drive, Mechanicsburg, PA 17055. 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 September 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 ..................................$99,721.83 Accrued but Unpaid Interest from 8/1/08 to 2/2/09 @ 8.550% per annum ($23.36 per diem) ........................................$4,344.96 Accrued Late Charges ....................................$221.10 Corporate Advance .........................................$166.40 Title Search Fees ............................................$350.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 02/02/2009 ........................ $106,054.29 Plus, the following amounts accrued after February 2, 2009: Interest at the Rate of 8.550 per cent per annum ($23.36 per diem); Late Charges of $36.85 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 918 Nixon Drive, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on November 18, 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, $106,054.29, plus the following amounts accruing after February 2, 2009, to the date of judgment: (a) interest of $23.36 per day, (b) late charges of $36.85 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 =:j-fi'3_0?, 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 EXHIBIT A ALL THAT CERTAIN lot of ground situate in the Township of Monroe, County of Cumberland and 8tAn of Ponnsylvania. more pw1 aulerly bounded and descr'bed as follows, to wit.: BEGINNING at a pipe on the line dividing lands of the Grw t m herein and lands now Or fwmery of Harry C. Musser, which said pipe is South eight (3) degreo thirty (80) minutes East tree hundred fifty-seven (357) feet from s point in the confer One of the Trindle RDad,!wMch sold last mwtftned point is In hundred ninelydive (395) fact MOOKO d wesiwer* along the a Inc of the Tdr die Road from the property now or kwnedy of R.C. Myer;1henco along Isnds now or formerly of Chw%s Haffman South eW (8) ftreee thirty (30) minutes East one hundred fdtpW (154) feet to a pipe on khe northern line of said fitly (50) foot wide rig"-way; thence along the northern Are of said ft (60) That wide rfgh 4-vvay South aevenly (70) degrees thirty (30) West eighty4lIve (85) feet to a We at earner of 1 ds now or fomlarly of M.K. Cover, Mtant a along said lest mentmed lands North eight (8) degrees Oft ( minutes Woo am hundred fiR 40ur (154) feet to a pipe; thence *long adw lands of the Grantor herein, of ich the trod herein conveyed woe a pen, North seventy (70) degrees thirty (30) mtnntes East eighty-five ( 5) Iasi to a pipe at the point and oleos of BEGINNING. CONTAINING three4enths (.3) of an sore of lend,imore or less, together with buildings thereon a ectsd. BEING the same property Yw hich Marione 5. SdQ=r and Connie L. Btehop, as CO-ex?ecutom of the Last Witt and Testament of their mother Merpuet Marie 'no dated Owmber 28, 1898 and recorded January 3, 2000 in the Cumberland County Recorder of pesds Ce in Book 214, page 371, granted and conveyed unto Marlene S. Sc hlusser and Connie L. Bishop. BEING the same premises which became vested Richard Harrison and Margaret Nerrison by deed of Marlene S. Sehlusser and Connie L. Bishop, dated August S, 2007, and recorded contemporaneously herewith in the Office of the Recorder of Deeds In and for Cum d County. Parcel 022.24-0783004 and 22-24-0783-004001 r,?7 r ri i [?x , AA ?y-? V" ?? ??? .. qQ ? ?? \, `\? -? ? ?_ ?? .?" SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00551 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUTTON FUNDING LLC VS HARRISON RICHARD 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 HARRISON RICHARD but was unable to locate Him in his bailiwick. He therefore returns the NOTICE COMPLAINT MORTGAGE FORECLOSURE the within named DEFENDANT 918 NIXON DRIVE HARRISON RICHARD NOT FOUND , as to MECHANICSBURG, PA 17055 ADDRESS IS UNATTENDED, NEIGHBORS STATE THAT DEFENDANT WILL BE IN FLORIDA THROUGH END OF MARCH 2009 Sheriff's Costs: Docketing 18.00 Service 9.00 NOT FOUND RETURN 5.00 Surcharge 10.00 .00 42.00 Sworn and Subscribed to be me this day of So answeus.?--- R. Thomas Kline Sheriff of Cumberland County MILSTEAD & ASSOCIATES 02/09/2009 fore A. D. 'tp fjo N , SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00551 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUTTON FUNDING LLC VS HARRISON RICHARD 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 HARRISON MARGARET but was unable to locate Her in his bailiwick. He therefore returns the NOTICE , COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named DEFENDANT HARRISON MARGARET 918 NIXON DRIVE MECHANICSBURG, PA 17055 ADDRESS IS UNATTENDED, NEIGHBOR STATES THAT DEFENDANT WILL BE IN FLORIDA UNTIL THE END OF MARCH 2009 Sheriff's Costs: So answer Docketing 6.00 -- Service .00 / NOT FOUND RETURN 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 MILSTEAD & ASSOCIATES 02/09/2009 Sworn and Subscribed to before me this day of , A. D. ?. tlq N L-LI j LL- i11 MILSTEAD & ASSOCIATES, I, LC 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 55.09944 Sutton Funding LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 09-551 Civil Term Richard Harrison, Praecive to Dismiss the Morteage and Foreclosure Action without Prejudice Margaret Harrison, Defendant(s). TO THE PROTHONOTARY: I Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC _iyTlJ? Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00345144} FlLE i" FIGE OF THE PROTH"C" TARY 2004 MAY I I Pil 00 PENNSYLVANIA