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HomeMy WebLinkAbout00-04328 , ~,., .' ,. THOMAS 1. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR .-' ',- ''" "" .-- "t<L,. i i! I I I I , I I'! I :'1 ;,1 , I I' i , I ;,1 Ii 1,1 I , I j"j I,! ,;.) 'I PLAINTIFF " i CUMBERLAND COUNTY COUR T OF COMMON PLEAS DIVISION I '!! l'1 U t;! EQUICREDIT CORPORATION OF AMERICA 10401 Deerwood Park Boulevard Jacksonville, FL 32256 v. ROBERT L. MAIER, JR. and KATHLEEN M. MAIER, husband and wife 8 Ian Drive Mt. Holly Springs, P A 17065 TERM. ;:-: :-:1 I' i__j I: :! 'I "~I i,1 1-:1 No 06 - 4JJ} Co~~ " ::j "I [1 F"I 'I i" i'l q i.1 H , CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT i ,~i "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 ~ithin tw~nty (20) days after this complaint and notice are served. by entenng a wnden appearance personally or by attorney and filing in writing with the oourt your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may procee~ without you an~ a judgment may be entered against you by the court Wlth~ut furth~r notice for any money claimed in the complaint or for any other claim or rehef . requested by the plaintiff. You may lose money or property or other nghts 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. Court Administrator 4th Floor, CUmberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO "Le han demandado a usted en la corte. Si usted quiere defenders.e de estas demandas expuesws en 'as paginas siguientes, ust~ tie~e velnte (20) dias, de plazo al partir de la fechs d~ la demanda y la notlficati6n. Hace falla asantar una comparencia ascnta 0 an parsona 0 con un abogado y entragar a la corte en forma escrita sus defensas .0 sus . objeciones a 'as demandas en contra de -su persena. Sea aVIsado qua Sl ustad na sa defiende, la corta tomara medidas y puede continuar la demanda an contra suya sin previa aviso 0 notificacion. Ademas, la coarte puede decidir a favor del dernandanta y requiere que usted cu~pla con todas las provisionss de esta damanda. Usted puede perder dlnaro 0 sus propiedades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TEL~FONO A LA OFICINA CUYA DIRECCI6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEOE CONSEGUIR ASISTENCIA LEGAL Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "' I' 'I ! I I , . " ,. THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY EQUICREDIT CORPORATION OF AMERICA 10401 Deerwood Park Boulevard Jacksonville, FL 32256 COURT OF COMMON PLEAS DIVISION v. TERM. ROBERT L. MAIER, JR. and KATHLEEN M. MAIER, husband and wife 8 Ian Drive Mt. Holly Springs, P A 17065 No CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, EQUICREDIT CORPORATION OF AMERICA, is a corporation with offices at 10401 Deerwood Park Boulevard, Jacksonville, Florida. 2. Defendants, ROBERT L. MAIER, JR. and KATHLEEN M. MAIER, husband and wife, are the mortgagors and real owners of premises 8 Ian Drive, Township of Middleton, Cumberland County, Pennsylvania, whose last known address is as stated above. 3. On the 22nd day of October, 1998, the above named mortgagors made, executed and delivered -1- -'''' '''- l_;";_'1 . . 41~1_" , ..J t"; a mortgage upon premises hereinafter described to Source One Mortgage Services Corporation, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1492 page 678. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount of $16,000.00 payable in monthly installments with interest at the rate of 10.25% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. The said mortgage was last assigned to EQUICREDIT CORPORATION OF AMERICA, the plaintiff herein, by written assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 637 page 332. 7. The mortgage is in default because the defendants have failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for the month of December 1999, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 10.25% per annum from 11/27/99 thru 5/31/00 ($4.31 per diem) Late charges accrued thru 5/31/00 ($8.72/month) Escrow advances Attorney's fee Title information certificate $15,340.36 805.97 95.92 235.00 1,000.00 325.00 Total $17,802.25 9. On March 14,2000, plaintiff sent to defendants by certified mail Notice of Intention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act No.6 of 1974, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "c". -2- ""-It. ^'e ,", ,I" I, '~, -~ , JJ 1.1 10. On March 14, 2000, plaintiff sent to defendants by first class mail Notice .0fHomeowners' Emergency Mortgage Assistance Program in accordance with Pennsylvania Act 91 of 1983, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "D". Defendants have not had the required face-to-face meeting with the mortgagee within the required time and plaintiff has received no notice that defendants have had a face-to-face meeting with a consumer credit counseling agency, nor has plaintiff received notice that defendants have filed an application with the Homeowners' Emergency Mortgage Assistance Program. WHEREFORE, plaintiff demands judgment in the sum of$17,802.25 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. -3- ~ ,......'"...~_.. ," ..-""".. "'J ,"_, ",..",", ,"'" ,-,,,-,,", ,H'~ o ,I....c.~" y , ,,1 ;t , , . . ' . '. - . , '.. . . ...., ., - . . . - . . ~ ' , . " . . .:. . .>: ~-"'i:.::t:.;.:: ; 'c'; ,~,,;.;~,;_~:.;:~, :;..:,.. :,; '{ "~~:.~~:';i.:;l ::2~~1~.:~':":';'~'~,~,-.:.,-~~;:<;-::.;~:_ :',...";:,,. '.' .;;-: .~t.:',~,,:, '.. . .' .'. . DESCRIPTION ALL THAT CERTAIN tract ofland, situ~te in South Middleton Township, Cumberland County, Pennsylvania, more particularly boundedabd described as follows, to wit: ! BEGINNING at an iron pin on the West s\de of Ian Drive, a 50 foot wide right-of-way, at Lot No. 24; Section A of the hereinafter Plan of L~ts; thence by the said Lot No. 24, South 71 degrees 35 minutes 50 seconds West for a distance of!:136.42 feet toanjron pin; thence along the land, now or formerly of William Otto, South 18 degre~s 26 minutes East for a distance of 110.00 feet to an iron pin; thence along the boundary of Lot No.i,22, North 71 degrees 35 minutes 50 seconds East for a distance of 136.36 feet to an iron pin; the~ce along 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 place of BEGINNING. BEING Lot No. 23, Section A of the Fina~ Plan of Stephan O. Smith and Larry V. Neidlinger, recorded in the Office of the Recorder of IDeeds in and for Cumberland County, Pennsylvania, in Plan Book 44, page 38. . . - EXHIBIT A = ~ -,~ ~ ."".'IIill..."""'I....,. '..,I.iuJ~I............""'.'--" ~, .'.'>:l .1," " Jf?J..'.'.. ',.~ !NOTE+ A U~ SPRM2 70144670-2 . , i I OCTOBER 22ND. 199B YDRK Pennsylvania City B IAN DR ProperLY Address MT HOLLY SPGS, PA 17065-1149 C~ Smre ZIP Code 1. BORROWER'S PROMISE TO PAY In return for a loan thaH have, received, I promise to pay u.s. $ "principal "), plus interest, to the order of the Lender. The Lender is SOURCE ONE MORTGAGE SERVICES CORPORATION, 16.000.00 (this amount will be called A DELAWARE CORPORATION . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at a yearly rate of 1 0.25000 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $ 174.39 I will make my payments on the 27TH day of each month beginning on NOVEMBER 27TH 199B, . I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on , OCTOBER 27TH. 2013 , I still owe amounts under lhis Note, I will pay all tho.<re amounts, in full, on that date. I will make my monthly payments at 27555 FARMINGTON RD FARMINGTN HLS, HI 48334-3314 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not reccivcd the full amount of any of my monthly paymenls by the end of fifteen calendar days after tbc dale it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00000 % of my overdue payment, but not less than U.S. $ 20.00 and not more than U.S. $ N/A . I will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment by the date stated in Scction 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Nole Holder will still have the right to do so if I am in default at a laler time. (C) Notice from Note Holder If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at leaSt 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of Note Holder's Costs and Expenses II' the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to he paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses inelude, for example, reasonable aUorneys' fees.' 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections givento the Note Holder under this Note, a,Mortgage, dated OCTOBER 22ND, 199B , protects the Note Holder from possible losses which might resull if [ do not keep the promises whieh I make in this Note. That Mortgage describes how and under what conditions I may he required to make immediate payment in full of all amounts that I owe under this Note. O..75(PAI {.9031 EXHIBIT B KV2AO "130 70144670-2 Fo'm 3939 llllllllllllllllllllllllllllllllll^itm~rn ~"'~ PENNSYLVANIA ~ SECOND MORTGAGE,~__1JBn _ FNM4n:YlMf':} U\lI~nDM It.lC:TDIJAAIl:.rr "'1f;'~~. .:r'~-el~::-:(:-:' ~ ~.~ ' n - -d-.... ,.'""~'""',..,.,,,.... _. ...- IliMIiIl'''',,"~L'' _M" "" ", 'T''''~ , , , i . / 6. B.ORROWER'SPAYMENTS~pRETHEY ARE DUE J'0) , " I,have the right to make paym({}tif principal at any time before they are L:'>"A payment of principal only is known / as a "prepayment." When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If Imake a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (8) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under Ihis Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as .'guarantors, s~reties and endorsers." 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notiee of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 ahove) is also obligated to do these things. The Note Holder may enforce its rights under this Note against eaeh of us individually or against all of us together. This means that anyone of us may be required to pay all of the amount~ owed under this Note. Any person who takes over my rights or obligations under this Note wilI have all Of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. (Seal) ~~~ ROBERT L MAIER JR \(~ ~~ev:w KATHLEEN M MAIER (Seal) (Seal) -Borrower ~Borrower (Seal) -Borrower ~Borrowcr (Sign OriginBIOnly) O,,75IPA) (8903) Page 2of2 "- ,- ,~~- ~. "'''''''''',--. .-~I..;;;..a."..''-'I_lil ~~ ~----. ~- - , . ~EqUiCredlit R.;;corporati~n DATE: March 14, 2000 CERTIFIED MAIL NO.:p 970 681 104 RETURN RECEIPT REQUESTED Property: 8 Ian Dr Mt Holly Spgs PA 17065 Loan No.: 8790025814 Mortgagee: Equicredit 10401 Deerwood Park Boulevard Jacksonville, FL 32256-0505 To: Robert L Maier 8 Ian Dr Mt Holly Spgs, PA, 17065 NOTICE OF INTENTION TO FORECLOSE MOR'I!GAGE under Section 403 of Penna. Act no. 60f 1974 (READ ALL.THREEPAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above ~ame MORTGAGEE (hereinafter referred to as we, us, or ours) is the hold$r of the first mo;r-tgage on your property described above. 1-'he. mortgage :j.s in SERIOUS DEFAULT.because you have not made the monthly payments as noted below unde;t:' (a) and/or because you have failed to comply with or perform tneother provisions of the mortgage obligation,if.any, as noted below under (d) . Previous late charges under (b) and other charges, if any under (c) noted'below, have also accrued to this date. THE'TOTAL ~OUNT NOW REQqIRED TO CURE THIS DEFAULT, OR IN OTHER WOJ:l;pS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS NOTED, BELOW UNDER (e). 3 pymts @ $ 174.39/month (a) Late Charges fJ1'om 12/27/99 through 02/27/00 @ $ 8.72 per $ (b) Previous late charge(g}: (c) Other charge(s): Unapplied Funds/Credits Due: Payment Shortage: NSF Fees: Taxes: Insurance Premiums: (d) Other prov~s~ons of the mortgage obligation, if any, Additions to Account: month 549.33 52.32 .00 .00 .00 .00 .00 (e) TOTAL AMOUNT of (a), (b), (c), and (d) REQUIRED AS OF THIS DATE $ DQ123 P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 8001934-2121 Fax 9041457-3278 EXHIBIT C .00 601. 65 "'~l~'tf{ ''-'~-'-.~. ;-~--"~'~-:'--r;-.', -', . ' . '. . , ... , '1 -,. .. ....~,'~..."'f7", " y ,- ,....;-~" " ,.''''~''--'''''-''-''~~- .-.... u__ . ._,~>TlIi':::', , .' ~ EquiCredit I..=corporation Page -2- You may cure this default within THIRTY (30) DAYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to EquiCredit Corporation of America, Mail Code FL9 015-02-17, 10401 Deerwood Park Boulevard, Jacksonville, FL 32256. ! If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default. is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable cost. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Also, we may sue you personally for.the unpaid principal'balance, and all other sUms due under the mortgage. If you have not cured the default within the thirty day periOd, and foreclosure 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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 will be by calling us at the following number: (BOO) 934-2121. Payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 9041457-3278 DQ124 ;,.1. .':1\: -:n:!.':.(,1~,>, I " ",r~.;;' ;-..,.,-, ., ~ ~ :1 , , I : I 'I I " , "I I :i I I 1 ,I II II :\ , I I I 'I I, I, I' II I I II II , I , ;;:,~-~~" ~. ~~ ~~ . "t-EqUiCredlt -Corporation; Page -3- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you: You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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, OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE " SATISFIED). (CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. very truly yours, Pat Chambers Loan Counselor Ext. 73227 DQ125 P.O. Bo~ 19977 Jacksonville, Florida 32245.9977 Telephone 800/934-2121 Fax 9041457-3278 1'.~:~.",., ~.L:.:..;,~._:..:.-.. ".. ...... ,.",.._~.~. _? , --~ -~ ~" " . t:... EquiCredit -Corporation ~-'.' :: " " " .:! ::! n ;,1 !" :1 ,i I DATE: March 14, 2000 CERTIFIEb MAIL NO.:p 970 681 220 RETURN RECEIPT REQUESTED The Mortgage held by the above name MORTGAGEE {hereinafter referred to as we, us, or oursl is the holder of the first mortgage on your property described above. The mortgage is in SERIOUS DEFAULT because you have failed to comply with or perform the other provisions of the mortgage obligation, if any, as noted below under {d}. Previous late charges under {bl and other charges, if any under {cl noted below, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS NOTED BELOW UNDER (el. 3 pymts @ $ 174.39/month tal Late 'Charges from 12/27/99 through 02/27/00 @ $ 8.72 per $ {bl Previous late charge{sl: {cl Other charge{sl: Unapplied Funds/Credits Due: Payment Shortage: NSF Fees: Taxes: Insurance Premiums: {dl Other prov~s~ons of the mortgage obligation, if any, Additions to Account: Property: 8 Ian Dr Mt Holly Spgs PA 17065 Loan No.: 8790025814 Mortgagee: Equicredit 10401 Deerwood Park Boulevard Jacksonville, FL 32256-0505 To: Kathleen M Maier 8 Ian Dr Mt Holly Spgs, PA, 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna. Act no. 6 of 1974 (READ ALL THREE PAGES OF THIS NOTICE CAREFULLY) tel TOTAL AMOUNT of tal, {bl, {cl, and (d) REQUIRED AS OF THIS DATE $ DQ223 P.O. Box 19977 Jacksonville, Florida 32245-9977' Telephone 800/934-2121 Fro< 9041457-3278 -'-F' '.~~r...-.' ')-~~,~~;, ... .--- , '-I I I i I I i I ,I 'I 'J ,.i I I I I i i i I I J \ i I 'I I " month 549.33 52.32 .00 .00 .00 .00 .00 i II I' ,I il ii :1 il I 'I !I I i 1 i i I I I .00 601. 65 " ~ - . ,.. EquiCredit -Corporation Page -2- You may cure this default within THIRTY (30) DAYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CASH. CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to EquiCredit Corporation of America, ~ail Code FL9 015-02-17, 10401 Deerwood Park Boulevard, Jacksonville, FL 32256. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments; If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's 'fees will be added to whatever you owe us, which may also include our reasonable cost. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default within the thirty day period, and foreclosure 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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 will be by calling us at the following number, (800) 934-2121. Payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 9041457-3278 DQ124 -~j.t:~)'","- '. ,':~l~~k';_~'.;';:'-': " . ;-- .-,:"2;:L.I::: -.-".'-, ' _ ,', '._ ",,'r"7'-;' ..._-,_~.._.~_ _...nl_. - ~"'" . ,,~ ~ -~, .~o . ~".~EqUlCredit I.=corporation Page -3- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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, OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). (CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the ,same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, Pat Chambers Loan Counselor Ext. 73227 DQ125 P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 9041457-3278 j.^;~v:.':~ '-';~~.,~~:",., .,-- ;--, ~ ,--<;--' ,,;1:., ,r.:,.;"..;;....._... -_. ,- ~,..,"~ ~ ~ "~ ~~,,~ c<'<,'- ~ .-~ =. -y- . . 't'. EquiCredit -Corporation DATE: March 14, 2000 CERTIFIED MAIL No.:p 970 681 149 RETURN RECEIPT REQUESTED ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information, call the Pennsylvania Housing Finance Agency at (800) 342-2397. La notificacion en adjunto es de suma importanciapues afecta su derecho a continuar viviendo en su caSa. si no comprende :el contenido de esta notificacion obtenga una traducciort immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. puedes ser elegible para un prestamo por el programa llamado "Homeowrter'.s Emergency Mortgage Assistance program" el cual puede salvar su cas a de la perdida del derecho a redimir su hipoteca. . DQ119 ,]. ;; P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 8001934-2121 Fax 904/457-3278 EXHIBIT D ~-;',; "~\\.!~; "~~,-~;"-,,,,-,, ',' 'C' .. ~ ~ , ~~ -- , , I , i , , ! I I I I , I I , I '~ -.1 - EquiCredit . -Corporation Page -2- IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Property: 8 Ian Dr Mt Holly Spgs PA 17065 To: Robert L Maier 8 Ian Dr Mt Holly Spgs, PA, 17065 :1 I I I Date: March 14, 2000 Loan Number: 8790025814 From: Equicredit 10401 Deerwood Park Boulevard Jacksonville, FL 32256-0505 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "ACT"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. DQ120 . P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 9041457-3278 . '~:...~-, -'-~;~,--:..- ..-. _... -~-~ "-....-. . ,~". - - , ~- ~'~ EquiCredit I..;;corporation Page -3- 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Lori Lorraine Mail Code FL9 015-02-17 10401 Deerwood Park Boulevard Jacksonville, FL 32256 (800) 934-2121, extension 73408 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions: Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, fora period of at least (60) days. The total amount of the delinquency, is $ 776.04. That sum includes the following: Delinquent Payments: 3 @ $ Payment Due During Cure Period: Accrued Late Charges Owing: Other: NSF Fees Advances: Additions To Account . Less Suspense Balance: 174.39 $ 523.17 174.39 78.48 .00 .00 .00 TOTAL AMOUNT DUE $ 776.04 Your mortgage is also in default for the following reason: n/a. (use this paragraph only if applicable) DQ121 P.O. Box 19977 Jacksonville, Florida ;12245-9977 Telephone 800/934-2121 Fax 9041457-3278 "~:%kv.s .,~~~7~,: ',.""-, ' '"-"""",,,~'_. ._. . '~'-..-_':';"=~,...;..j..~"'; ':l,t,,-r;."'.'-' c-- .,--.. -' ~EqUiCredit -Corporation - ,I \ ,I I Page -4- If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, Or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application The pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone number (717) 780-3800 or (800) 342-2397 (toll free number) . Persons with impaired hearing can call (800) 342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania Law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Pat Chambers Loan Counselor Ext. 73227 P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 8001934-2121 Fax 9041457-3278 DQ122 ....".. ,^!!~~:~. _ .~1.~~~~J' :,.; . ' . ~ . ...~~~-- ,.;..- . "--- "1 I . ; t: EquiCredit -Corporation DATE: March 14, 2000 CERTIFIED MAIL No.:p 970 681 221 RETURN RECEIPT REQUESTED ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you.' Read the following notice to find out how the program works. If you need more information, call the pennsylvania Housing Finance Agency at (800) 342-2397. La notificacion enadjunto es de suma importancia pues afecta su derecho a continuar viviendo en su 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 prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. DQ1l9 '. P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 9041457-3278 :~~!2~-, ~...:~:=-.:...., -' 1-- .,..-, ",'~, ~ . ~ EquiCredit I..;;corporation IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASS!STANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FOREC~OSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: March 14, 2000 Loan Number: 8790025814 Property: 8 Ian Dr Mt Holly Spgs PA 17065 To: Kathleen M Maier 8 Ian Dr Mt Holly Spgs, PA, 17065 From: Equicredit 10401 Deerwood Park Boulevard Jacksonville, FL 32256-0505 ~,~~ Page -2- You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "ACT"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming you mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. DQ320 P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 9041457-3278 :.!'J' '~;.M' -'\~~.;~~;': .' '--'- - '.-. 't'.--" I" ".",H-'''''~' ..-- ;;.:. p ,: Ii i 'l " . \ ~ ii " Ii I' I' 'tl .' i1 'I :i ., " i; ,I [i ,I < <-._.... "-' , " ..~ . ' ... EquiCredit - Corp 0 rat ion Page-3- -i'-'i ii il i , I i I I i\ ! 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. to If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Lori Lorraine Mail Code FL9 015-02-17 10401 Deerwood Park Bouievard Jacksonville, FL 32256 (800) 934-2121, extension 73408 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in defaul~ because you have failed to pay promptly installments of principal and interest, as required, fora period of at least (60) days. The total amount of the delinquency,is $ 776.04. That sum includes the following: Delinquent Payments: 3 @ $ Payment Due During Cure Period: Accrued Late Charges Owing: Other: NSF Fees Advances: Additions To Account Less Suspense Balance: 174.39 $ 523.17 174.39 78.48 .00 .00 .00 TOTAL AMOUNT. DUE $ 776.04 Your mortgage is also in default for the following reason: n/a. (use this paragraph only if applicable) DQ121 P.O. Box 19977 Jacksonville, Florida 32245-9977 Telephone 800/934-2121 Fax 904/457-3278 . -:g~~..t -"'>_":"~":~-':L""'" ~~- , '~~. " ~ ~~ I' " ~ ~ EquiCredit I..;;corporation Page -4- If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not fo1~ow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone number (717) 780-3800 or (800) 342-2397 (toll free number). Persons with impaired hearing can call (800) 342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania Law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Pat Chambers Loan Counselor Ext. 73227 P.O. Box 19977 JIlcksonviIle, Florida 32245-9977 ' Telephone 800/934-2121 Fnx 9041457-3278 DQ122 ''''~i:::.' ;\"'",' , ';R;~-,~' '.~t'I. . .-.'- .... __n_...._____ . .----., :--:r\, .~..<r..r'~_;;._0:;"" ._-'.-'--~..;.-.^ ":1 !,i 'i I I I , i I \1 II :1 i.1 II ':1 \1 I il .. - ". -Vr" "," VERIFICATION I j -I I ANDREA OYLER hereby states that she is Foreclosure Administrator ofEquiCredit Corporation of America, the servicing agent for u.s. Bank National Association, the plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. DATE: 6/13/2000 ,AND kOYLER Foredlosure Administrator ~ " ~.'-' "' ."'IiIl!lii.1lN~.ti~~_o.Jil""iJril.f""-",~,~,,._,b"""'_~'''''&,U.'i-m;4!lliIfjJb\1lll;~jJj;~,*~~-~ ~- .w_iIl:;ilii''-!i;n_J~~~J -.........' ~ ~ ~ ~ \i- It. ~ ~~ .... cl 0 '1 ~ ~ I 90 ~ e p:;~ J ~ ~liiililliiliiiliilliMr '~ """ ' 8 ',<fE r!-!fT1 ;?,:n zs;: ~1~:7 t;:o ~o ..,c. ~~ "~~J . -". -- .", ,,' v (;:> o L c:: Z N '" <J ::M: t:! -''- Hi ,:IJ r- ;gg] -'", I \..-"~rJ :yt~.- (jij ~~... ("') ern ._~ ~ ~\,.) - I. SHERIFF'S RETURN - REGULAR ~:i j 'i :-, [1 :! .. - CASE NO: 2000-04328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUICREDIT CORP OF AMERICA VS MAIER ROBERT L JR ET AL DEFENDANT , at 0857:00 HOURS, on the 29th day of June , 2000 Ii ~l i,1 (1 11 II ri I' ~ rl II II 11 " rJ [i " ~ I [,1 jl :i Ij , j I " ~ it , DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAIER KATHLEEN M the at 8 IAN DRIVE MT. HOLLY SPRINGS, PA 17065 by handing to ROBERT L. MAIER, JR., ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~~ R. Thomas Kline 06/30/2000 THOMAS PULEO Sworn and Subscribed to before By: D<wm<f, ~ Deputy Sheriff me this J~ ~ day of (}P;,;Lmn) A.D. ~() h.d;;..--, /lrt'7f ' P othonotary . ~ ~ SHERIFF'S RETURN - REGULAR , s- CASE NO: 2000-04328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUICREDIT CORP OF AMERICA VS MAIER ROBERT L JR ET AL DAWN L. KELL Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAIER ROBERT L JR the DEFENDANT , at 0857:00 HOURS, on the 29th day of June 2000 at 8 IAN DRIVE MT. HOLLY SPRINGS, PA 17065 by handing to ROBERT L. MAIER JR. a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ?~~ 18.00 3.72 .00 10.00 .00 31.72 R. Thomas Kline 06/30/2000 THOMAS PULEO Sworn and Subscribed to before By: baw~ i. M Deputy heriff me this /.;2. re day of ~ ;Luvv A.D. Q~'!, tJ ?h",#.. " ~ o honotary ~ : LAW OFFICES OF PULEO & D'EMILIO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 I--,_~ I -, ~CQ)~\f Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI.-\. CIVIL ACTION - LAW EQUICREDIT CORPORATION OF AMERICA, Plaintiff v. ROBERT L. MAIER, JR. and KATHLEEN M, MAIER, Defendant NO. 00-4328 ORDER TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above entitled case discontinued upon payment of your costs only. II " II I _ '" DliiMiiIlil~~~iIl>I~~"-~'~',-"~:&llI"';ir""'\l"'~;tI,,,,,"'--"I"""'1Will,,""""""""""""ii!i~~WIIJI~'.-o.lIil<4 ~'lI'-'''' ~_.-.;..,'" fHiillll~~ (') c: ~..... :~~ r~ z::.- i;.;L, '-':;; , ~~~:. ).;~ .' :'----:i -< ':':') ~ ~) ...,,",1 :."',) -,:.. ., ,,~ (7" () "Ti , , \.--=:) , '--;_;.1 :~?~~ '~~. :'Q -""