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HomeMy WebLinkAbout06-2402 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482- I 400 Attorney for Plaintiff File No - 1-04816 COURT OF COMMON PLEAS CUMBERLAND COUNTY Poplar Financial Services, LLC 301 Lippincott Drive Marlton, NJ 08053, Plaintiff, Vs. No.: (j(., -;)l{6:J... C;l>i L ~82]'1 CIVIL ACTION MORTGAGE FORECLOSURE Lula M. Hutchison 406 N. Earl Street Shippensburg, PA 17257, Defendant. (OOl00019j 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 Notice to Defend 32 S. Bedford Street Carlisle, P A 17013 717-249-3166 (00100019) ************************************************************************************************** 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. IOOl00019} MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 30 I Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Poplar Financial Services, LLC, 301 Lippincott Drive Marlton, NJ 08053 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: ~ - .I 'iO:L. Cl u1'T 0LYvL Vs. Lnla M. Hutchison 406 N. Earl Street Shippensburg, P A 17257, CIVIL ACTION MORTGAGE FORECLOSURE Defendant. COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, Poplar Financial Services, LLC (the "Plaintiff"), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 301 Lippincott Drive, Marlton, NJ 08053. 2. Defendant, Lula M. Hutchison (collectively, the "Defendants"), is an adult individual and real owner of the premises hereinafter described. 3. Lula M. Hutchison, Defendant, resides at 406 N. Earl Street, Shippensburg, PA 17257. 4. Plaintiff has determined that Raymond Hutchison has departed this life. 5. On November 20,2003, in consideration of a loan in the principal amount of $114,330.00, the Defendants executed and delivered to Equity One, Incorporated a note (the "Note") with interest thereon at 6.8200 percent per annum, payable as to the principal and interest in equal monthly installments of$746.87 commencing January 1,2004. {OOIOOOI9} 6. To secure the obligations under the Note, the Defendants executed and delivered to Equity One, Incorporated a mortgage (the "Mortgage") dated November 20, 2003, recorded on November 25,2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1846, Page 1948. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is the proper party Plaintiff by way of an assignment of mortgage to be recorded. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 234 Middle Spring Road, Shippensburg, P A 17257. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December I, 2033, 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. 9. The following amounts are due on the Mortgage and Note: Balance of Princioal $112,170.87 Accrued but Unpaid Interest from 1011/05 to $4,946.33 4/24/06 @ 6.8200% per annum ($20.96 per diem) Accrued Late Charges $261.38 Corporate Advance $34.50 Escrow Advance $1,018.72 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 04/24/2006 $1,450.00 Plus, the following amounts accrued after April 24, 2006: Interest at the Rate of 6.8200 per cent per annum ($20.96 per diem); {DOl 000l9} Late Charges of $37.34 per month. 10. 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 234 Middle Spring Road, Shippensburg, P A 17257 as well as to address of residences as listed in paragraph 3 of this document on March 23, 2006, the notice pursuant to ' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale ofthe Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $120,031.80, plus the following amounts accruing after April 24, 2006, to the date of judgment: (a) interest of$20.96 per day, (b) late charges of $37.34 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. MILSllAD & ~" / IA TES, LLC Pina S. Wertz erge, Attorney for Plaintif {OOI00019} VERIFICATION I, Pina S. Wertzberger, 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. (OOIOOOI9} EXHIBIT A ALL THAT.CERTAIN PROPERTY SITUATED IN TIlE TOWNSHIP OF SOUTHAMPTON IN TIlE COUNTY OF CUMBERLAND AND COM/ilONWEALTII OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 03/22/1962 AND RECORDED 04/17/1962, AMONG THE LAND RECORDS OF Tl{SCOUNTY AN)) STATE SET FORTH ABOVE, IN. DEED VOLUME H22 AND PAGE 590. ADDRESS, 234 MIDDLE SPRINGRD; SHIPPENSBURG, PA 17257 TAX MAP OR PARCEL ID NO., 39-29-2566-002 - '..'.' lobe recorded ;t.;-i;ind COll1ity P A /,{;"t~.r/' J'~f.i '~) .-d// Recorder of Deeds BK 184 fj PG I 964 MARCH 23, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to Help save vour home. This notice explains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies servicing your County are listed at the end of this Notice. Ifvou have anv questions. you may call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CAS A DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. MORTGAGOR'S NAME: MAILING ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER/SERVICER: CURRENT LENDER/SERVICER: Lula M. Hutchison and Raymond Hutchison 406 N. Earl Street, Shippensburg, PA 17257-8144 9855499 Poplar Financial Services, LLC Equity One, Inc. {00094490} YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. {00094490{ AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 234 Middle Spring Road, Southampton, P A 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 10/1105 thm 3/1106 at $746.87 per month = $4,481.22 Late Charges - $186.70 Recording Fees - $13.50 Corporate Advances - $23.00 TOTAL AMOUNT PAST DUE: $4,704.42 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $4,704.42 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check or money order made pavable and sent to: Equity One. Inc. 301 LiDDincott Drive, Suite 100 Marlton. New Jersev 08053 {00094490} IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within TH]RTY (30) DAYS of the date ofthis Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. ]f full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay offthe mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - ]fyou have no cured the default within the TH]RTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -]t is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Equity One, Inc. 30] Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy Phone Number: Contact Person: EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. (00094490) ASSUMPTION OF MORTGAGE - You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THE DEBT. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LA WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. Michael J. Milstead, Esq. Milstead & Associates, LLC [00094490} This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notifY this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notifY this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by federal law which grants you certain rights. One of these is right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, DC 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with a name and address of the original creditor, if different from the current creditor. {00094490} --I 0 {Q U\. ~ ICJ 7'- 1t ~ Ul, U( - ~ V " . ~ ~ .c: \ ...c:: -J }J .....(j ?- J.-' ~ I :p T- r -----. MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482- I 400 Poplar Financial Services, LLC 301 Lippincott Drive Marlton, NJ 08053, Attorney for Plaintiff / File No 1-04816 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No,: 06-2402 Vs. Lula M. Hutchison 406 N, Earl Street Shippensburg, P A 17257, Praecine to Reinstate Comnlaint in Mortl!al!e Foreclosure Defendant. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC (OOlll997) c .-1 ;r: -, i",) \.,~ ) MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Poplar Financial Services, LLC, File 1.04816 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs, No,: 06-2402 Lula M. Hutchison, Praecioe to Dismiss the Mortl!al!e Foreclosure Action without Preiudice Defendant(s), TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. Pina S. Wertzberger, Esq Attorney ID No. 77274 ~ ~ ~ ~ ~:P-~ '~w. '. ~ :B %:1} I b ~),; \$) '~:D ~c:. ~ Q5:4 'J"'"(~ . 5!u b2 ~ ~ ""P~ _ :;;;:; 2 0) SHERIFF'S RETURN - REGULAR CASE NO: 2006-02402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POPLAR FINANCIAL SERVICES LLC VS HUTCHISON LULA M JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUTCHISON LULA M the DEFENDANT , at 1351:00 HOURS, on the 1st day of February, 2006 at 406 N EARL STREET SHIPPENSBURG, PA 17257 by handing to JOHN L REED, ROOMMATE, ADULT IN CHARGE 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 So Answers: S/1'(/ b(, Q..., 18,00 17,60 ,00 10,00 ,00 45,60 ~~~~':.~~ ~ r ~ ';1 ' R, Thomas Kline 02/02/2006 MILSTEAD & ASSOCIATES day of BY'~~~^, Duty eriff----- Sworn and Subscribed to before me this A,D, Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-02402 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POPLAR FINANCIAL SERVICES LLC VS HUTCHISON LULA M JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUTCHISON LULA M the DEFENDANT , at 1351:00 HOURS, on the 1st day of May at 406 N EARL STREET , 2006 SHIPPENSBURG, PA 17257 by handing to JOHN L REED, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended 18.00 17.60 .00 10.00 .00 45. 60~ Q.- 1J61/0t, Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~ .-';7 ~ ,1p'- .' . ~~~l>.e~~Ji.!_ <. '.. R. Thomas Kline 06/28/2006 MILSTEAD & ASSOCIATES By: day Deputy Sheriff before me this of A.D.