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HomeMy WebLinkAbout00-02253 , I, " I I I I I I I 'I 'I I, I' II 'I Ii I' Ii I I Ii II Ii I H I. " I' 'i , , '1\i:~ ~.. " , FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563.7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION BANK ONE COLUMBUS, NA, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 10/1/94 ON BEHALF OF HOLDERS OF MORTGAGE PASS THUR CERTIFICATE (MERIDAN CAPITOL MARKETS A DIVISION OF MERmAN BANK SERIES 1994-3M) AND VARIOUS MORTGAGORS 725 NORTH REGIONAL ROAD GREENSBORO, NC 27409 TERM NO. , CO - ..2.:2S'.3 du.{~ Plaintiff v. CUMBERLAND COUNTY ROBERT L. MAIER, JR. KATHLEEN M. MAIER 8 IAN DRIVE MOUNT HOLLY SPRlNGS, P A 17065 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 TillS 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 3658127 I. Plaintiff is BANK ONE COLUMBUS, N.A., AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 10/1/94 ON BEHALF OF HOLDERS OF MORTGAGE PASS THUR CERTIFICATE (MERIDAN CAPITOL MARKETS A DIVISION OF MERIDAN BANK SERIES 1994-3M) AND VARIOUS MORTGAGORS 725 NORTH REGIONAL ROAD GREENSBORO, NC 27409 2. The name(s) and last known address (es) of the Defendant(s) are: ROBERT L. MAIER, JR. KATHLEEN M. MAIER 8 IAN DRIVE MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 3/31/89 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 934, Page 55, By Assignment of Mortgage recorded 11/25/91 the mortgage was assigned to MERIDIAN BANK which Assignment is recorded in Assignment of Mortgage Book No. 407, Page 892, By Assignment of Mortgage recorded 1/24/94 the mortgage was assigned to MIDWEST MORTGAGE INVESTMENT FUND LP IT which Assignment is recorded in Assignment of Mortgage Book No. 464, Page 921. By Assignment of Mortgage recorded 12/04/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 509, Page 699. 4. The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." . , - 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/99 through 311I00 (Per Diem $13.04) Attorney's Fees Cumulative Late Charges 3/31/89 to 311100 Cost of Suit and Title Search Subtotal $53,089.84 1,982.08 2,654.00 48.08 550.00 58,324.00 Escrow Credit Deficit Subtotal TOTAL 0.00 310,51 310.51 $ 58,634.51 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. gl680A03c on the date(s) set forth in the true and correct copy of Stich notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 58,634.51 together with interest from 311100 at the rate of$13.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, }~1-~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .~" "' :lx' 41 " 9128~36581271/2CA01-05-00 , ,l~ aJ.er Jr 8 Ian Dr Mt Holly springs PA . THIS NOTICE IS SENT IN AN ATTEMPT TO . COLLECT A DEBT. INFORMATION OBTAINED 'X7endover WILL BE USED FOR THAT PURPOSE. FifrlM'~!tf9'er~~!::s 2000 CORPORATION Robert L Maier Jr Kathleen M Maier B Ian Dr, l'It Holly springs ** ACT 9 1 N ** T A K E A C ** T 0 S A V E ** H 0 M E F ** FOR E C L 0 o TIC E ** T ION ** YOU R ** ROM ** SUR E ** PA 17065 Loan Service Number: 3658127 Borrower(s): Robert L Maier Jr, Kathleen M Maier, Premises: 8 Ian Dr" Mt Holly Springs PA17065 ~rhis is an official notice that the mortgage on your home is in default, i!nd the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. NATURE OF THE DEFAULT: The mortgage debt we service for your lender for the property listed above IS SERIOUSLY IN DEFAULT. The total amount due is as follows: Monthly payments due from 11-01-99 to the present: Accumulated late payment charges: Non-Sufficient funds charges: Advances for taxes, insurance or legal fees: Credit for funds in suspense: TOTAL AMOUNT DUE: $ 1,852.59 216.36 .00 90.00 308.77 1,850.18 HOW TO CURE THE DEFAULT: You may cure the default before 02-04-00 by Iby paying the total amount past due which is currently $ 1,850.18 ]~LUS any additional mortgage payments, late charges, or other fees which become due between 01-05-00 and 02-04-00. Although you will continue 'co receive monthly billing statements, DO NOT RELY on the amount Istated as due or the due date. This acceleration supercedes any ;and all c<:ll!tl!1tmiceticns. You should call our office at 1-800-436-1022 prior to sending funds to verify the total amount due. :Payment must be made by cashier's check, certified check, or money lorder and should be sent to: Wendover; P,O. Box 70808; Charlotte, NC 28272-0808 lBe sure to write your service/loan number on your check. ...................................................................... . AVISO IMPORTANTE PARA LAS PERSONAS QUE HABLAN ESPANOL (Important notice for Spanish speaking persons) :~ NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU IDERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA ,~GENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO l'lENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA :LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL ]~UEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . C0091/WF288 EXHIBIT A ~ - " ....-- ----- 'D,.l.TEP: { { --- ** ACT 91 NOTICE ** TAKE ACTION TO SAVE YOUR HOME FROM , FORECLOSURE This is an (.rodal notice that the mart;!a!!e an vaur home Is In derault. an4 the ten4er inten4. to rareclase. SDecine infarmatia" abaullhe natura of the 4erault is DroYided In tbe attae~ed Da!!... The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAPlmav be able to belD to save Your home. 'This Notice. eX15hdns hOVl the arq_rara wo.rks. . To see if HEMAP...n helD. Yon IDU_t MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS O.tHE DATE OF THIS NOnCE. Take this Nodeewlth YOU when vau meet with the CannseUn\! Al!eneY. The name. llddress and Dbane number at Cal1.!umer Credit CaunselinlZ Allend.. servinll' your Countv are listed at the end or this .Nodce. If vau hay. any nu~on_, vou mav call the P.~nsvlvania Hausln!! Finance Alteney loll (ree at 1-800.i42.zi97. !Penon_ with Imnalre4 he:ariu can ealll.71'-78o.18691 This Nallee .oDcain. ImportaDt legallDtormadon. If YOIlIta"e allY qllcstiallS, represelltatives at the Consumer Credit Caunsclill!: Afi:CIlCY ma)' be able to help uplalll it. Yall may also \IVallt to COlltact 811 aRomey ill your area. TIle local bar assaciat;aD may be able to help YOlllind a lawyer. NOTE: IF YOU ARE CUlUlENTLY I'ROTECTED BY THE mING OF A PETITION IN BANKRUPTCY. THE DELINQUi:NCY INFORMATION AT THE BEGINNING OF nns NOnCE IS FOR INFOR.~nON PURPOSES ONLY AND SHOULD NOT BE CONsmERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have file4 ballkruptcy you call .tW apply tor ElIlcrfi:ency Mongaee Assistan....) A VlSO IMPORT ANTE PARA LAS PERSONAS QVE HABLAN ltSI' ANOL (llZlportallt lIolice tor Spanish speaking penons) LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONnNUA>R VMENDO EN SU CASA. 51 NO COMPRENDE It CONTENIDO DE ESTA NOTIFICACION OSTENCA UNA TRADtlCCION INMEDITAMENTE LLAMANDOESTA AGENClA (!'El'INSYLV^,"fIA HOUSING FINANCE AGENCY) SIN CARGOS AI. NUMERO MENCIONADO ARRIBA. PtlEDES SER ELEGIBI..E PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY :'oIORTGAGE ASSISTANCE PROGRAM" EL CUAL I'VEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. i] 'I I'OU MAY BE EUClBLE FOR lilNANCIAL ASSISTANCE WHICH CAN SAVE YOUR. HOME FROM !!"ORECLOSURE ANI) HELP YOU MAKE FUTtJRE MOR~GAGE PAYMENTS F YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGACE 'SSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ..sSIST ANCE, , IF YOUR DEFAULT lIAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND EXHIBIT r\ .. ,!~ . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLV Al"IA HOUSING FINANCE AGENCY. (~PHF A R). TEMPOR..JIRY STAY OF FORECLOSURE - Under the Act. you are entided to a temporary SlaY offoreelosure on your mortgO$e fcor thirty (30) days from the date of this Notice. During that time you must arrange and attend a "faee-lo.faee" meeting witb one of the consumer credit counseli!!!: agencies listed at the end of this Notice. THIS MEETING MUST OCCUR \!I1THTN THE NEXT (30) DAYS. fF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUll MORTGAGE UP TO DATE. THE PART OF THTSNOnCE CALLED"HOW TO cURE YOlJR. MORTGAGE DEF AUL 1'". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. . CONS~mR CREDIT COUNSELING AGENCIES -lfyou meet ....ith one of the eoa.sumer credit counseling agency listed 3t the end of this notice, the lender may l'IOi take action agllinSt you for thirty (30) days after the date of this m""ting. The names. addresses and teleohone numbers of desi!!t1ated consumer credit eounselinst astendes for the counlY in which the oroDel'1" is located are set fortlt at the end of this Notice. It is only necessary to schedule one face-to. face meeting. Advise your. lender immediatelv of your intentions. APPLICA 1:TON FOR' MORTGAGE ASSISTANCE - Your mortgage is in default for the reasoa.s Set forth later in this Notice (see following pages for speeific infonnalion about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you ltave the right to apply for financial assistance from the Homeowner's Emergency Mortgage A,ssisWlce Program. To do so, you must fill out, sign and.file a comple~d HO/l1eowuer's Emertency Assistance Progra<ll A~lplieation with one of the desisnated consumer credit eounselizlg agencies listecl at the end of this Notice. Only consumer CI:edit counseling agencies b.ave applications for the program and they will assist you in submitting a complete application 1:0 the Pennsylvania Housing Finance Agency. Your application MUST be tiled or pOSllllarked within thirty (30) days of you\' !ace.lo-face meeting. NelTE: YOU ~ FILE YOUR APPLICATION PROMPTLY. IF yOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIMi PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY Al'lD YOUR APPLICATION FOR MORTGAGE ASSISTANCE \VU..L BE DENIED. AGENCY ACTION - Available timcls for emergeacy mol1gage assistance are vel)' limited. They will be disbursecl by the Agency under lhe eligibility criteria established by the AI;!. The Pennsylvania Housing Finsnce Agellc)' bas sixty (60) days to make a deci~ion after it receives )'our appUeatioll. During that lime, no foreelosure proceecliags will be pursued aga.iDSt you if you bave met the time requirellll!llts set fottb above. You will be 1I0tifiecl cIir:Clly by the PellllSylvania Housing finsnce Ag=.ccy of its c1ecision on your application. NATUltE OF THE DEFAULT -The MOR.TGAGE debt we seNice on behalf of your lender IS SERIOUSLY IN DEFAULT. The total amount due and the propmyacldress are listed on thelirstpage of this notice. . HOW TO CURE THE DEFAULT -You mall cure the default within THIRTY (30) DAYS of the date oftbls notice BY PAYING THE TOTAL AMOUNT PAST D.UE TO TIm LENDER. PLUS ANY MORTGAGE PAYM:EN1'S AND LATE CHARGES WHICH BeCOME DUE DURING THE THIRTY (30) DAY PERIOD. The eumllttotal due is listed on page one of this notice. Pa_enrs mUSt be made in CERTIFIED FUNDS (either bv cashier's cheek. certified check or monev order) made navable and sent 10: Welldover; P.O. Box 70808; Charlotte, NC 28272-0808. 8e sure to wdte your loan service number an your check or moneyorcler. IF YOU DC NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the I,ender intends to exercise its nl!hts to accelerate lIle martstal!e debt. This means that the entire outstandin~ oaJ""ec of this debt will be considered due immediately and you mOl)' lose the cbance to pay the moltgage in monthly installments. If full payment of the total amount past clue is not macle within THIRTY (30) DAYS, the lender also intends to instruct its a['1:omeys to sta.rt legal action co torec:lose ocon VOQr mort!!'Bt!:cd Drooertv. [F THE MCIRTGAGE IS FORECLOSED UP~N - The mortgaged Propelt)' will be sold by the Sheriff to payoff the mortg'g.e debt. ~f the lender tef~rs y.our case t~ Its .ttorneys, but you Clll'e the delinquency before rl1e lender begins legal :~oceedlllgs "galns~ you, you will :nll be reqUired ro pay the reasonable attorney's fees that were aCNally incUll'ecl. up lo ,)0.00. Howl,ver, If leg.1 proceedings are SWled against you, you will have to pay all reasonable attorney's fees actually nculTed by [he lender even if they exceed 5S0.00. Ally attorney's fees will be added to the amount )'ou owe the lender. ...Mcb. nay also Include ather reasonable casts_ If 'IOU cure the default within the THIRTY (30) DAY neriod. vou will nor be :""e:auired to C1IQV :ltfonley'S fees. EXHIBIT A i')/ jU+.....,..." "' ~ ". _11 L . , .. .. -- ---- -- - OTTiER LEJI/1)ER REMEDIES - The lender may also Sue you personally for the unpaid principal balance and all other sums due ~der the mOl'lgage. . RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not =ed the default within the TIURTY (30) DAY period ana foreclosilrc proceedings have begun. vou still have the rillh! to """" the default and D'event the sale :It art" time OD to one bour before thtt Sheriff's Sale. You mav do so bv n8vmR the total amount then nast due. nlus an" late or other c!tat1[os then due. reasoftllble attOrneY's fees and costs conncc:ted willllhe foreclosure sale and an" other costs conne",:ed with the Sheriffs Sale as meclfied in \\Tidnl! bv the lender and b", Derforminll anv other reauirements under the mort~lIl!',. Cllrillg your deCault III the lIIallner set forth III Ihis notice ",ill restore your lIIorteage to the same position ;IS il, you bad oever deCaulted. EARLIESt-POSSIBLE SHERIFF'S SALE DATE - It is estimated that the ea.rliest date that such a Sheriffs Sale of the mortgaged property could be beld would be approximately six (6) months Cmlll the date DC this Nolice. A Ilotice of the actual dale of the Sheriffs Sale will be sent to you before the sale. Of course, the amolUlt ",eeded to cure the default will increase the longer you wait. You lIIay find out at any lime exac:tly wbat the required pa)lUlCtlt or action will bc by COntllcting me le",der. . HOW TO CIONTACT WENDOVER Mailin..tl.ddress: P.O. Box 26954; Greensboro.]IIC 27419-6954 . Over1l1E,ht Mail Addr...: 725 ]IIorthRegionaI Road: GreensborO'.)le 27409 Addtoss Cor IItr1",,,,,ts 1I"lTr. P.O. BOle 70808; Charlotte, NC 28272-0808 Phone Niumber: 1-800-436.\022 Fu l'l'um~ 1-336-668-2943 EFFECT OF SHERIFF'S SALE - You should n::aIb:e that a Sheriffs Sale will end your ownership of the I%lortgaged pl'Operty IlIId your right to occupy It. If you continue to Ii",e in tIlc property after the Sheriffs Sale, a lawsuit to remove you and your lUrnishiAgs and othct belongings could be started by the lender at any time. ASstlMl"IION OF MORTGAGE - Your 10811 doeumcnts may give ~u the ability to sell or lnllSfer your bome to a buyer or tranSferee 'Who will assume tIle mortgage debt, provided thaI all the oulStlildi:og pa)lUlelllS, charges and iIItOlIley'S fees and COsts arc paid prior to or at the sale lIIld that the other noquirements of the moltPlle an: satisfied. Call our CIlStam.er Service DcpanmCllt a.t 1-800-4364008 if you have someo",c i:oterested in asswning your loan. They will verify if you have mat ability. YOU MAY ALSO HAVE THE RIGHT: TO SEU. THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORR,OW MONEY FROM ANOTHER LENDING INSnTlJ110N TO PAYOFF lHIS DEBT. TO HAVE nus DEFAUl. T CtJR.ED BY ANY THIRD PARTY ACTING 0]11 YOUR BEHAlF. TO HAVE THE MORTGAGE RESTOREO TO THE SA."tE POSInON AS J:F ]110 DEFAUl.T HAD OCCURRED, J:F YOU CURE TIlE DEFAUl.T, (HOWEVER, YOU 00 NOT HAVE nus lUGK!' TO CURE YOUR DEF AUl. T MORE tHAN THREE TIMES IN A:Nr CALENDAR YEAR) TO ASS!:RT THE NONEXlSTrENCE OF A DEFAUl.T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER I.A WSUIT INsnnrn::D l.JJIIDER THE MOR.TGAGE DOCUMENTS, . TO ASSERT ANY OTHER. DEFENSE YOU. BELlEVE YOU MA Y HAVE TO SUCH ACTION BY TIlE LENDER. ' TO SeEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA W. eXHIBiT A 'fJl[ [IT .. .~ APR 05 2000 16:0 YMCA Buil'"III JJ':I1'Iord1. Washl"Fn SL Butler. p" 115001 . (412) 2tq-71l2 CLEAiU"LELD <:;O\ll'lfTT ~n. E"'''''... o..dop.a"C~o. 1954 "''''' Gr-l.oo. Io/lnstl:rwll, P'A 15901 (814) 535",,~6 FAX (814) 5:19-1688 FAX (4121465-5111 cees or",=- PA, Inc. 217 E.lIIok lid ,ulDOaa '" 16601 (BI4) 944-8100 FAX (114) _5747 cces o(!lo_ PA 1631 S ~St.Sulre 100 s.... ColIOF, PA 16801 (814) 238-3668 FAX (114) 238.3669 cces .rwlStOl'll PA 21M C.Il..., I';ut PIEI Jo_ PA 15904 (814) 53~35 lndillll& Co. C:QIMlllllity A<:Zl.. PlOanm 827 "'_S'_80'187 Incllmo. PA 15701 mol) 465.26.;7 cu....,ol'll (;OUl'lll 'f LYCCl~inll>n Co...d.. Collllfti$si... .l'<< C:.mmun;ty AGio. (Sl.l!P) 2131 UDooln S. P.O. 80. 1328 "'lIIlarosport. PA m03 (570) 3~a7 FAX (570) 3.2-2197 . ccCSonr.""""""PA 1631 S........ St, Sui", 100 SlUIo C.I...... PA 168111 (114) 231.3661 FAX (814) 231.3669 cees ot1'l0nilalom PA 201 Basin S. WU1da1sPolt, PA 17703 (510)323~7 FAX(570)323~6 COJ,.U~~U, COfJ~ cces .010.__ PA 3IW._.$t. P.O. Booc 112.7 Wllizl-B..... PA 11702 (S7O) I2I-4U7 01l.1..&Q0.922.g537 FAX (570) 821-17115 1400 All...... E=ud>e Part. Sill'" I ctd SununiC. PA 18411 (570) 5i1-4163 or 8GQ.m.9531 FAX1S7ll) 587-913<W1J5 -163 AmbcrLon. W11Jo:s..8ono, PA 11702 (570) 1U-4S10 Oll, l-aoo-m.lJ3S9 FAX (570) ll2901665-<ALL BEFORE FAXlNO (510) '554994llJ1ZEI.!C!I FAX(570)45S-S63I~BEl'OREFAXlNO . (570) 836-4090 'l1.I1'IKHAN1'IOCK c.1IIII\isoiGn on E..""mlcr Ollp'rmnlty o(x.-m. COlll\l)' eRA WFOJU:J C:OUl'ffY Booker T. W....in.... CCllf<l' 1720 Hall..d S. Erie. PA 16503 (814) 453-5144 FAX (114) 45:3.5749 0.....' Erio Community A...on Comm;... II W... 51b SIC Eri..PAI6S01 (114) 45904511 FAX (114) 4554161 J.hn F.1CcluIaIy Calor. I... 2021 Ec2/Jlll S. Eri.. PA "SID (114) ua.4440 FAX (814) 891-U43 Sh....... VallO)' Urb.. Leap:, In.. 601 IDQIlIIl&A"" '"",,11, PA 16121 (412)911.5310 . C:lJMBEJU...t\ND t:aUNTY CCCS.fW_rA..liI.. 2000 tinsl__1U IWrisbww. PA. 17102 (711) 54f-17H FA.'l: (711) 541.-4670 r.."""liIl Co",odinl SorlIiA:u ofFnIftldin 31 W..,3rdS,. W.,....t>otu. FA 17268 (717) 762.nU Urban l.<qIlC.r M_p'lil= Hmlsburl !II. 6th S. COllllnilllRy AGion' C.mm orll1. Cilpil3lltoglon 1514!lmy S. HaIrisb"'1. PA 17104 (717) m-9757 PAX (717) 234-m7 Hmlsbuq,PA mOl (717) 234-5925 FAX (717) 234-HS9 'YWCA .fCat!isl. 301 OS. Corfisl.. PA 17013 (717)243-38lB FAX(717)731~519 AcWo! Coun\Y' Hall5ins AutIlarity 139.143 C>tIIaI. S. Oea:)o>b"'l. PA 1732S . (711)J3~1S11 FAX (711) 334-ilJ26 D"IJ.fHli~ CCIUNl Y cees .fW....:m PA.. mo:. zooo t.inslcslC'w Rd Hnrri:obUl'Jl, p" 17102 (711)54/.1757 FAX (711) ~41'''670 Urb..l,._ .rMo""p'Ii... H;rrisboq 21071'1.6thS. 1lorrIab"'l- PA 17101 (7I7) 234-l92S FA.'C (717)434-9459 . Communi')' Acticn Commisa:ioft of tIl. Copicnlllcgi.n 15141lcny S. Hllni:ibur;PA l7l04 (717) 232-9757 FAX (7I 7) 234-%227 o EU,W"'.RE (..OlJrllTY ACl:lm Houslnl c.o~rw.iOI'l 14<\ N.m BU S. ?hilodelphi.. PA 19130 !11l16S.llll 'AX (21;) 165-1427 .....QRh~,st COWl$CIin, Scr'Yi=- 5001 N.m BRd S~ Philadolphi4. PA 19141 (215) 32...7S00 FAX (215) Jl4-B75J cces .rDola..... VallO)' IS IS MId<J:, S<-S.i.. 1325 Philaddphi.. PA 19107 (2ISl 563..s665 FAX (215) 864-2li66 IlACE 1 67'W. A1lq/1..,y AVe.. 2ftd A<Xlr Philadelphia. p" 191-lO EXHIBIT A :;{'j.: . to t4e 30icl groRtee S . " AlL.that certain tract of land, situate in South Middreton Township, OJmberland Colin,ty, Pennsylvania, more particulary bounded and described as follows to wit: .. .. .... BEG:INN~ "at _ 'aIL iron pin on the West side of Ian Drive. a 50 foot wid.e riilit-of-'wa;r. at Lo~ No, 24. Section A of the hereinafter Plan of Lot.s; thence by the said Lot No. 24. South 71 degrees 35 minutes 50 seconds West for a distance of 136.42 feet to an iron pin; thence alc,ng the land. now or formerly of William Otto, South 18 degrees 26 minutes East for a distance of 110.00 feet to an iron pin; thence alc~g the boundary of Lot No. 22, North 71 degrees 35 minutes 50 seconds East for a distance of 136.36 feet to an iron pin; thence alc,ng the aforementioned right-of-way, North 18 degrees 24 minutes 10 seconds West for a distance of 110 feet to an iron pin which is the plB,ce of BEGINNING. BEING Lot No. 23. Section A of the Final Plan of Stephan O. Smith and Larry V. Neidlinger, recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Plan Book 44, Page 38. SUEIJECT to easements, rights,:-of-way and restrictions of record. \ . Jl'REMISES: 8 lAN DRIVE '';i!.. .~"','-. . "..-... VERlFlCA nON MICHAEL V. CAPPS hereby states that he is VICE PRESIDENT of WENDOVER FINANCIAL SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~kw\\~(" \ 1 DATE; L\-l-~D )II!; ., ~ . ,. ~-,,~ .~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE COLUMBUS NA ET AL VS ~~IER ROBET L JR ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ~~IER ROBERT L JR the DEFENDANT , at 0012:39 HOURS, on the 3rd day of May 2000 at 8 IAN DRIVE MOUNT HOLLY SPRINGS, PA 17065 by handing to KATHLEEN MAIER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 So Answers: r~d,~~l R. Thomas Kline me thi'~ J.S'~ day of 05/04/2000 FEDE~ j~f< l#E De ty Sheriff Sworn a~d Subscribed to before ~ c2-c-vv A.D. 0.<}'-- a Iu.t#/. ~ I\~,,~ . Prothonotary I """"0" , . . l SHERIFF'S RETURN - REGULAR CASE NO: 2000-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE COLUMBUS NA ET AL VS ~~IER ROBET L JR ET AL CPL. TIMOTY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ~~IER KATHLEEN M the DEFENDANT , at 0012:39 HOURS, on the 3rd day of May , 2000 at 8 IAN DRIVE by handing to MOUNT HOLLY SPRINGS, PA 17065 KATHLEEN MAIER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service j~ffidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 sO;:~~t R. Thomas Kline 05/04/2000 FEDERMAN & PHELAN Sworn and subscribed to before By: ", me this" /~!'Y day cif ~~... ,;/...<>vV A.: D . q.--. r; ~ # I Prothonotary , : ""1, '-'Cf>., ,~~ ~ m. ,,. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, P A 19102 (215) 563-7000 Attorney for Plaintiff Bank One Columbus, N.A. as Trustee Under Pooling and Servicing Agreement dated 10/1/94 on Behalf of Holders of Mortgage Pass Thur Certificate (Meridan Bank Series 1994-3M) and Various Mortgagors 725 North Regional Road Greensboro, P A 27409 : Cumberland COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 00-2253-Civil Plaintiff vs. Robert 1. Maier, Jr. Kathleen M. Maier 8 Ian Drive Mount Holly Springs, P A 17065 Defendant(s) PRAECIPE FOR JlJDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against Robert 1. Maier, Jr. and Kathleen M. Maier, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 3/1/00 to 6/6/00 TOTAL $58,634.51 $1.277.92 $59,912.43 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, c~~ed~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (juu,_ 1. ~(FO{) ~'12~' PROP 0 HY "TIIIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED Wll.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOUW NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ., "",. - , , , ~ ,.. FEDERMAN AND PHELAN Frank Federman, Esquire 1dentification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 BANK ONE COLUMBUS, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED 10/1/94 ON BEHALF OF HOLDERS OF MORTGAGE PASS THROUGH CERTIFICATE (MERIDAN CAPITOL MARKETS, A DIVISION OF MERIDAN BANK SERIES 1994-3M) AND VARIOUS MORTGAGORS Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 00-2253-CIVIL vs. ROBERT L. MAIER, JR. KATHLEEN M. MAIER Defendant(s) TO: ROBERT L. MAIER, JR. 8 IAN DRIVE MOUNT HOLLY SPRINGS, PA 17605 F\LE COP~ DATE OF NOTICE: MAY 24, 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff . T<!Ii - ", - - ,,," FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK ONE COLUMBUS, N. A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED 10/1/94 ON BEHALF OF HOLDERS OF MORTGAGE PASS THROUGH CERTIFICATE (MERIDAN CAPITOL MARKETS, A DIVISION OF MERIDAN BANK SERIES 1994-3M) AND VARIOUS MORTGAGORS Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY , NO. 00-2253-CIVIL vs. ROBERT L. MAIER, JR. KATHLEEN M. MAIER Defendant FILE COpy TO: KATHLEEN M. MAIER 8 IAN DRIVE MOUNT HOLLY SPRINGS, PA PA DATE OF WOTICE: MAY 24. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff -,,"-. -, - ~ , , ~nn~l~r ~ K~~U~~ - ~~~u~~ . CASE NO: 2000-02253 P cor;IMONWEALTH OF PENNSYLVANIA: COlWTY OF CUMBERLAND BANK ONE COLUMBUS NA ET AL VS MAIER ROBET L JR ET AL CPl,. TIMOTY REITZ , Sheriff or Deputy Sheriff of CUIT~erland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAIER KATHLEEN M the DEFENDANT , at 0012:39 HOURS, on the 3rd day of May , 2000 at 8 IAN DRIVE MOlWT HOLLY SPRINGS, PA 17065 by handing to KATHLEEN MAIER a t.rue and attested copy of COMPLAINT - MORT FORE together with NOTI CE 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 So Answers: r~~~<~t R. Thomas Kline 05/04/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: --- .if- me this day of A.D. Prothonotary , ~.. 0" SHERIFF'S RETlliL~ - REGULAR . 'CASE NO: 2000-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE COLUMBUS NA ET AL VS ~~IER ROBET L JR ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ~~IER ROBERT L JR the , at 0012:39 HOURS, on the 3rd day of May 2000 DEFENDANT at 8 Dill DRIVE MOUNT HOLLY SPRINGS, PA 17065 by handing to KATHLEEN MAIER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service l',ffidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 So Answers: r~~~~~t R. Thomas Kline day of 05/04/2000 FEDERMAN &~~~2>-1,~r-/ By : f,../' //' ...--C4-U-A, L.- ' De ty Sheriff Sworn and Subscribed to before me this A.D. Prothonotary "'Il >-"",,"", . \_-, . ~" 1ftIIiI!f'!\\. o c::: :;>> :-O~-'b n..CG' -;;,.1[,1:."/ ;j;;_'J 0e;:" -.~ <-'.;: ~,c; 3fic5 ,:;2:() :t;;C) ~ ~ C::> (3"\ - . -, . <:::> <::> ~ ~ o -.., /~i:::tJ -r,fi:' ,::,t::.d C) ..1 .::;:!~) (:~ j-; ~o Or.., .... ~ :J..l ""' , -.....J ." -2" ......,,. - ~~!!I'~~"~!IIIt.:,1ff!_ ~!~_",,_~_f1'!'~~-b,~~~ '!I!'11J!J1l_ (Rule of Civil Procedure No. 236 - Revised) Bank One Columbus, N.A. as Trustee Under Pooling and Servicing Agreement dated 10/1/94 on Behalf of Holders of Mortgage Pass Thur Certificate (Meridan Bank Series 1994-3M) and Various Mortgagors : Cumberland COUNTY : Court of Common Pleas : CML DIVISION : NO. 00-2253-Civil Plaintiff vs. Robert L. Maier, Jr. Kathleen M. Maier Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on June 1 , 2000. By Y'j,u 0. ~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (2151563-7000 **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ):," e. r" I , 'J f'~ "? ~~ "'\ ......~ ~(., '"'=.II'fiIIIl1!I! . ""~. I I ''''''''''''''''=-. ~ '".-" _'no - -.,J f t ;t:, j( <; <l! , ..J ..0 , ~ ~ ~""~!!!'~'~N_!l'~ '" ~ ~J"'llI ~'~~I<" ~~""'''''~!BI!lI .".,",..,~<m~, FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, P A 19102 (215) 563-7000 Attorney for Plaintiff Bank One Columbus, N.A. as Trustee Under Pooling and Servicing Agreement dated 10/1/94 on Behalf of Holders of Mortgage Pass Thur Certificate (Meridan Bank Series 1994-3M) and Various Mortgagors : Cumberland COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 00-2253-Civil Plaintiff vs. Robert L. Maier, Jr. Kathleen M. Maier Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant Robert L. Maier, Jr. is over 18 years of age and resides at 8 Ian Drive, Mount Holly Springs, P A 17065. (c) that defendant Kathleen M. Maier is over 18 years of age, and resides at 8 Ian Drive, Mount Holly Springs, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L9dL FRANK FEDERMAN Attorney for Plaintiff :"~~ - > I, ..,.. ~ I I ,--"'" _ ~ !~IIIlI_, _~,> ~ ~ ~~~, "" '"'l---<'" .--~~"~ -~ .. ."I!II!I'L."< '~'_b'_'_d _, , ,~ .'~ 0 iIIIl (') (:::;, 0 C- O <' '71 -of,A ~ n'1f,~ ,- ::1.7 -0--, ~ zw,,-: ,,"- "1 ~. 2~- I 'F 65J> ,T,rn ~t~; -..j uy -a ~~~~ ~('; -T"_ C ..d'", ~({) 5'>c Om Z -.j =< '=:> :r0- C'"' ::n -< ~Jl1.li.l_ii!~I~~:,.~ ,_~Jl_m~'4"ilfi;J!1ilil!!'lifl[~~_~~!!!'!Il~