The URL can be used to link to this page

Home My WebLink About04-6415 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as servicer for Wachovia Bank, N.A., as Trustee, Successor by Merger to First Union National Bank, as Indenture Trustee Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as servicer for Wachovia Bank, N.A., as Trustee, Successor by Merger to First Union National Bank, as Indenture Trustee 4425 Ponce De Leon Blvd., 5th Floor Coral Gables, FL 33146, Plaintiff, Vs. Stephen S. Smith 355 Newburg Road Newburg, PA 17240, and Joan A. Smith 355 Newburg Road Newburg, PA 17240, Defendants. {00026234} COURT OF COMMON PLEAS : CUMBERLAND COUNTY /) - _I I~ : No.: 0 <./ - (, 41 S' ~ : 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 (717249-3166 (800) 990-9108 {OOO26234} ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT *******************************************************~~******************************~A********* 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. {00026234} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as servicer for Wachovia Bank, N.A., as Trustee, Successor by Merger to First Union National Bank, as Indenture Trustee Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as servicer for Wachovia Bank, N.A., as Trustee, Successor by Merger to First Union National Bank, as Indenture Trustee 4425 Ponce De Leon Blvd., 5th Floor Coral Gables, FL 33146, Plaintiff, Vs. Stephen S. Smith 355 Newburg Road Newburg, PA 17240, and Joan A. Smith 355 Newburg Road Newburg, PA 17240, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY . ; No.: 0 Y - (. LlI s ~ ~- : CIVIL ACTION : MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as servicer for Wachovia Bank, N.A., as Trustee, Successor by Merger to First Union National {00026234} Bank, as Indenture Trustee (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4425 Ponce De Leon Blvd., 5th Floor, Coral Gables, FL 33146. 2. Defendants, Stephen S. Smith and Joan A. Smith, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Stephen S. Smith, Defendant, resides at 355 Newburg Road, Newburg, PA 17240 and Joan A. Smith, Defendant, resides at 355 Newburg Road, Newburg, P A 17240. 4. On May 16, 2003, in consideration of a loan in the principal amount of21,000.00, the Defendants executed and delivered to MERS as nominee for Equity One, Inc and its successors and assigns a note (the "Note") with interest thereon at 9.75% per annum, payable as to the principal and interest in equal monthly installments of$I,871.39 commencing June 16,2003. 5. To secure the obligations under the Note, the Defendants executed and delivered to Equity One, Inc., d/b/a Popular Financial Services Corp. a mortgage (the "Mortgage") dated May 16,2003, recorded on May 29,2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1813, Page 4141, et seq. Plaintiff is the proper party Plaintiff by way of an assignment to be recorded. 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"): 429 E. Orange Street, Shippensburg, P A 17257. 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 16,2004, and monthly thereafter are {00026234} 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 $207,376.94 Accrued but Unpaid Interest from 8/16/04 through 12/16/04 @ 9.75% per annum ($55.40 per diem) $ 6,814.20 Accrued Late Charges $ 1,029.27 Title Search Fees $ 200.00 Reasonable Attorney's Fees $ 1250.00 NSF Fees $ 20.00 Corporate Advance $ 13.50 Escrow Advance $ 6,355.50 TOTAL as of 12/16/04 $233,059.41 Plus, the following amounts accrued after 12/16/04: Interest at the Rate of9.75% per annum ($55.40 per diem); Late Charges of$93.57 per month. 9. No Act 91 Notices needed since this is not the Defendants primary place of residence and the loan amount is in excess of $60, 000.00. {00026234} 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, $223,059.41, plus the following amounts accruing after 12/16/04, to the date of judgment: (a) interest of $55.40 per day, (b) late charges of$93.57 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC d~ {00026234} VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. AJ ,.'7 / Ie / / /, ~LfA-A.. ? /~ ame: Pina S. Wertzberge, squire ~(> Title: Attorney t!) { {00026234} .f SCREOUIJ!: "A" 90-013:1.2395 ~:tN(; 2 'DAC'rs Oli' ~ SJ:m1I.~ iN !lOtwOOH OF SHJ;l'PSNSSORG 'tAACT 1 c:oN'J:AltrING: 0.413 1l.CJU:S, :HOlm Oil. :LESS WUH A CNB S1'ORX BlUCLt AND ElLOCK DWBt.LJ:NG. TAACr 2 CON:u.J:NXNt.: 11,0311 SQO'1Ill& E'EE1'. PER St7R.VS!/: 011' lasSINCb ANI) WOLFE, SORWYOU Dl\.'.J:l!lD 11~7-197e. '!!Oall:'1'HER WItH OSE 01' 30 FOOT RJ:Ge 011' WAY AcaOBS 1'9& PROPERTY NOW 01. !"ORMB:RLY OJ' 1CA!1'BIZtl.:tNS A. ..1tJNI'CI1( ($ !I.'HIil WESTIlRl!1 t[)Q! OF LOT A FOR. %~cm:S8, EGRESS AND UGR:S:SS. BE~ tHE SAblt PROfERTX' CONI/EYlilD 'fO JOAN M. SMI'rH AND S:rSPBEN S. SMt'rK I HmR HtJIml'.ND II!' tlEED &'ROM NrR'l'ON 8. HT.1GHtS ANt) MIlU10K W. troGlDlS, HIS WIIi'E 1I2COImED 09/01/2001 IN nmmn BOO!( ~48 PAGZ 1151, IN :rUE OFneJl 05' :mil RECOMlER OJl' tlBEDS 01' ~ COTJNTr, MlNNsn.w.NIA. ~ lot ~~-33~le6~-09~ , 32-33-1869-1962 c ,.'~ ."1 --- (. .'J. it> -, - ~--: -, ( ; f _.. , I- f J\ I!"~, ; a ,.. .~ ....-., ......... r -... ~ ~ V\ 'g ( :"1 .,..., 0"\ ["'" '" ~ C(\ \..-' 0-' a .......... "''-1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-06415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAYVIEW LOAN SERVICING LLC VS SMITH STEPHEN S ET AL DAVID MCKINNEY I Sheriff or Deputy Sheriff of Cumberland CountylPennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH STEPHEN S the DEFENDANT I at 1831:00 HOURS I on the 3rd day of January I 2005 at 355 NEWBURG ROAD NEWBURG I PA 17240 by handing to STEPHEN SMITH 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 18.00 14.80 .00 10.00 .00 42.80 So Answers: ?'~~ R. Thomas Kline 01/05/2005 MILSTEAD & ASSOC Sworn and Subscribed to before By: p ~% ~ ~ 'Deputy S~ #? me this ;2tj---- day of C\ ( r7J:x;;/ ~~~ honotary -,J .t,'l......, " SHERIFF'S RETURN - REGULAR CASE NO: 2004-06415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAYVIEW LOAN SERVICING LLC VS SMITH STEPHEN S ET AL DAVID MCKINNEY f Sheriff or Deputy Sheriff of Cumberland CountylPennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SMITH JOAN A was served upon the DEFENDANT f at 1831:00 HOURS I on the 3rd day of January f 2005 at 355 NEWBURG ROAD NEWBURG I PA 17240 JOAN SMITH 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: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before h . 4<e> me t l S ;l Lf - ---I . , , I 'I . .., l ill.-lALU1.{J ~)") A. D. / /l.Jt~,~ Q. ~ ,~ ~ Prothonotary day of So Answers: ;;~..,. iJI:.;~,~~:R:.,.',<-,fiJ R. Thomas Kline 01/05/2005 MILSTEAD & ASSOC By: p~ j . L/"'Yl ..( "0- Deputy Sheriff - MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire lD No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, as servicer for Wachovia Bank N.A., as Trustee, Successor by Merger to First Union National Bank, as Indenture Trustee, File #4.03215 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-6415 Civil Term Plaintiff, Vs. Praecipe to Dismiss the Morte:ae:e Foreclosure Action without Preiudice Stephen S. Smith, and Joan A. Smith, Defendant( s ). TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. SOCIATES, LLC ~---_/ Pma . e, suire Attorney lD No. 7727 (00044592} c - - (j_. v-! -