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Home My WebLink About03-3169MIDFIRST BANK Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JOHN E. MAURER AND CAROL L. MAURER Defendants ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Compla'mt 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 judgmant may be entered against you by the Court without further notice for any money claim in the Complaint of 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. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MIDFIRST BANK, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN E. MAURER AND CAROL L. MAURER, Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assme that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, VS. JOHN E, MAURER AND CAROL L. MAURER, Plaintiff Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW O,~- $/fi, q : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MIDFIRST BANK, is an Oklahoma Corporation, with an address of 999 N.W. GRAND BOULEVARD SUITE 100, OKLAHOMA CITY, OKLAHOMA 73118. Defendant, JOHN E. MAURER, is an adult individual, whose last known address is 3541 MARCH DRIVE, CAMP HILL, PENNSYLVANIA 17011. Defendant, CAROL L. MAURER, is an adult individual, whose last -known address is 3541 MARCH DRIVE, CAMP HILL, PENNSYLVANIA 17011. On or about, May 20, 1986, the said Defendants, executed and delivered a Mortgage Note in the sum of $54,200.00 payable to GMAC MORTGAGE CORPORATION OF PA. The Said Note is not accessible to Plaintiff and is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment ora copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 817, Page 176 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to SOURCE ONE MORTGAGE SERVICES and recorded in the aforesaid County in Mortgage Book 436, Page 478. The Mortgage was subsequently assigned to NATIONSBANC MORTGAGE CORPORATION and recorded in the aforesaid County in Mortgage Book 503, Page 660. The Mortgage was subsequently assigned to MIDFIRST BANK and recorded in the aforesaid County in Mortgage Book 599, Page 999. The Said Mortgage is attached hereto and marked as Exhibit "A". 5. The land subject to the Mortgage is: 3541 MARCH DRIVE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $41,293.79 Interest at $10.74 per day From 12/01/2002 To 08/01/2003 ( based on contract rate of 9.500%) $2,942.76 Accumulated Late Charges $21.00 Lme Charges m $30.56 From01/01/2003to08/01~003 $244.48 Escrow Balance $225.25 Attomey'sFeeat5% of PfincipalBalance TOTAL $2,064.69 $46,791.97 **Together with interest at the per diem rate noted above after August 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WFIEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.500% ($10.74 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S/b]efiff's Sale and for foreclosure and sale o£ the property within described. By: LPeUoRn~.EHLa~er~EsqGuirP&e (A~JER Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) PI~NNSYLVANIA MORTGAGE .... U~DER AND SUBJECT to cerc&in restrictions no~ of record. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, MIDFIRST BANK. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 2, 2003 Leo~uire SHERIFF'S RETURN - CASE NO: 2003-03169 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLJ~ND MIDFIRST BANK VS MAURER JOHN E ET AL NOT SERVED R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MAURER JOHN E unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , MAURER JOHN E NOT SERVED , as to 3541 MARCH DRIVE CAMP HILL, PA 17011 SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 ~. Thomas K%ine Sheriff of Cumberland County PURCELL KRUG HALLER 07/16/2003 Sworn and subscribed to before me this ~ day of Prothonotary SHERIFF'S RETURN - CASE NO: 2003-03169 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDFIRST BANK VS MAURER JOHN E ET AL NOT SERVED R. Thomas Kline , Sheriff , according to law, says, that he made a diligent the within named DEFENDANT , to wit: MAURER CAROL L unable to locate Her in his bailiwick. He COMPLAINT - MORT FORE who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT , MAURER CAROL L NOT SERVED , as to 3541 MARCH DRIVE CAMP HILL, PA 17011 SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10o00 .00 16.00 So answers: Sheriff of Cumberland County PURCELL KRUG HALLER 07/16/2003 Sworn and subscribed to before me this ~'~ day of Prothonotary MIDFIRST BANK, vs. Plaintiff JOHN E. MAURER AND CAROL L. MAURER,! Defendants IN THE COU~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 (13169 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARy: Please ma~k the above captioned case without prejudic. settled and discontinue(I, PURCELL, KRUG & HALLER By: Leon P. ~ller ID #15700 Eor Attorney Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 21 2003