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Home My WebLink About01-1705FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff vs. JOSEPH D. MASZLE AND MARY E. MASZLE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW 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 a~er the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in ~witing 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 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 POPER 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 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 ESCKITA, 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 LIN 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 FLEET MORTGAGE CORP. F/IOA FLEET REAL ESTATE FUNDING CORP., Plaintiff VS. JOSEPH D. MASZLE AND MARY E. MASZLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 assume 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 FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP., Plaintiff VS. JOSEPH D. MASZLE AND MARY E. MASZLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP., is a Corporation, with an address of P.O. BOX 1169, DEPT 2665, MILWAUKEE, WISCONSIN 53201. Defendant, JOSEPH D. MASZLE, is an adult individual, whose last known address is 233 WEST RIDGE, CARLISLE, PENNSYLVANIA 17013. Defendant, MARY E. MASZLE, is an adult individual, whose last known address is 233 WEST RIDGE, CARLISLE, PENNSYLVANIA 17013. On or about, December 6, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $69,847.00 payable to FLEET REAL ESTATE FUNDING CORP The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy 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 of a copy of the Note is unnecessary pursuant to Rules 1019(h) ad 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 Book1185, Page 25 conveying to original Mortgagee the subject premises. FLEET REAL ESTATE FUNDING CORP. is now known as FLEET MORTGAGE CORP. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 229 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 and is more particularly described in Exhibit "A" 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 October 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE; Interest at $12.27 per day From 09/01/2000 To 04/01/2001 ( based on contract rate of 7.000%) Accumulated Late Charges Late Charges at $22.47 Per month for 7 months Escrow Credit Attorney's Fee at 5% of Pfincipai Balance $64,012.05 $2,601.24 $0.00 $157.29 $89.63 $3,200.60 $69,881.55 **Together with interest at the per diem rate noted above after April 1, 2001 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 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 that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. 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 1083 (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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($12.27 per diem), together with other charges and costs including escrow advances incidental thereto to the date of~ql~s Sale and for foreclosure and sale of the property within described. ~J~ P~t~I~LL, ~~ALLER Leon P. Hal4~g~squire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Fmc34575 (1696x2~00x2~tiff) [13] SCHEDULE (Continued} Policy No. M 178-925821 DESCRIPTION File No. 11936 follows: BEGINNING at the intersection of tile curb fine of tl~c western side of Chest,%ut Street and souther~ side of ~u~ aide{: Street to-the line of other lasd now or formerly of She~f[e~ Sheaffer :219 ~eet, mo~e or less, to th~ eastern side o~ an ~; ?ore or ~ess to the southerly side o~ aa alley; thence east~r~ ~EIMG improved with a t%4o story frame dwelling house outbuildings, know~ as 2~!) Chest~lut Str~et, Hount Holly 17065. BEING THE SAME PREMISF~ which Harvey E. Guise and Deborah T. Guise~ husband and wife by Deed dated May 31, 1990 and recorded June 4, 1990 hi Deed Book P, Volume 34, page 221, granted and conveyed unto Joseph O. Ma~zl~ a~,l Mary E. Maszle, husband a~]d wife. COMPANY NAME: ~:,,~s:m~m~c~x~. F/K/AF~F~T~L VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904 relating to unsworn falsification to authorities. Dated mrc~ 21, 2001 Title VICE PRESIDENT SHERIFF'S RETURN - REGULAR CASE NO: 2001-01705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLEET MORTGAGE CORP VS MASZLE JOSEPH D ET AL KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT MASZLE JOSEPH D DEFENDANT , at 223 WEST RIDGE CARLISLE, PA 17013 JOSEPH MASZLE a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according FORE was served upon at 0014:05 HOURS, on the 9th day of April by handing to - MORT FORE to law, the 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscrilbed to before me this 4%/ ~ day of ~ )-(...-o l A.D. ~r6thonotary - ' So Answ r , R. Thomas Kline 04/10/2001 PURCELL, KRUG & HALLER SHERIFF'S RETURN CASE NO: 2001-01705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLEET MORTGAGE CORP VS MASZLE JOSEPH D ET AL - REGULAR KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MASZLE MARY E DEFENDANT , at 0014:05 HOURS, on the at 223 WEST RIDGE CARLISLE, PA 17013 by handing to JOSEPH MASZLE a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon 9th day of April laW, the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~- day of O~w~ ~2~3 ! A.D. ~Prothonotary -- So Answers: R. Thomas Kline o4/ o/ ool PURCELL, KRUG & HALLER SHERIFF'S R~TURN CASE NO: 2001-01705 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERIJkND NOT FOUND FLEET MORTGAGE CORP VS MASZLE JOSEPH D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, OCCUPANT unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE the within named TERRE TENANT ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and TERRE TENANT but was He therefore returns the OCCUPANT , NOT FOUND , as to NO TERRE/TENANTS AT ABOVE ADDRESS, IS EMPTY PROPERTY Sheriff's Costs: Docketing 6.00 Not Found Return 5.00 Affidavit .00 Surcharge 10.00 o00 21.00 So ans_~ers:/~ ~.~.~J3~ R~.' Thomas Kline~ Sheriff of Cumberland County PURCELL, KRUG & HALLER 04/10/2001 Sworn and subscribed to before me this ~ day of~L~ ~/ A.D. ~onotary FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff VS, JOSEPH D. MASZLE AND MARY E. MASZLE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OVVED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in corLrt. If you wish to defend against the clabms set forth in the following pages, you must take action within twenty (20) days after the 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 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 POPER 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 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 NOT1FICARIO, 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 KEFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP., Plaintiff VS. JOSEPH D. MASZLE AND MARY E. MASZLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE liS 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. Plaintiffis 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 assume 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 Plaintiffand 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 FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP., Plaintiff VS. JOSEPH D. MASZLE AND MARY E. MASZLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE FUNDING CORP., is a Corporation, with an address of P.O. BOX 1169, DEPT 2665, MILWAUKEE, WISCONSIN 53201. Defendant, JOSEPH D. MASZLE, is an adult individual, whose last known address is 233 WEST RIDGE, CARLISLE, PENNSYLVANIA 17013. Defendant, MARY E. MASZLE, is an adult individual, whose last known address is 233 WEST RIDGE, CARLISLE, PENNSYLVANIA 17013. On or about, December 6, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $69,847.00 payable to FLEET REAL ESTATE FUNDING CORP The said Note is not accessible to Plaintiffand is believed to have been lost. In further answer thereto, a copy 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 attaclnnent ora copy of the Note is unnecessary pursuant to Rules 1019(h) ad 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 Bookl 185, Page 25 conveying to original Mortgagee the subject premises. FLEET REAL ESTATE FUNDING CORP. is now known as FLEET MORTGAGE CORP. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 229 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on October 1, 2000 and all subseqnent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $64,012.05 Interest at $12.27 per day From 09/01/2000 To 04/01/2001 ( based on contract rate of 7.000%) $2,601.24 Accumulated Late Charges $0.00 Late Charges at $22.47 Per month for 7 months $157.29 Escrow Credit $89.63 Attorney's Fee at 5% of Principal Balance $3,200.60 $69,881.55 **Together with interest at the per diem rate noted above after April 1, 2001 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 judgement has been entered upon said Mortgage in any jurisdiction. 9. 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. ! 0. 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. 1 I. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1083 (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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($12.27 per diem), together with other charges and costs including escrow advm~ces incidental thereto to thews Sale and for foreclosure and sale of the property within described. By: 'P'~ LL~~~~L~~'"';~'- ~ LER Leon P. Hal,lC~7~Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Fmc34575 (1696x2200x2 tiff) [13] SCHEDULE (Continued) Policy No. M 178-B25821 LEGAL DESCRIPTION File No. 11936 follows: BEOI~NING at the intersection o~ the curb l'ine o~ ~h,: western side o~ Cbest~ut Street and southern side o~ ~1~ Street to.the line of other laird now or ~or~,terly of Sheaffer ..219 ~eet, more or less, to the eastern side o~ all %thence along said al ley i1% ~ northwesterly directiot] 64 ?~ore or less ~o the southerly side o~ an alley; thence BEING THE SAME PREMISES which Harvey E. Guise and Deborah T. Guise, husband and wife by Deed dated May 31, 1990 and recorded June 4, 1990 ~n ~3eed Book P, Volume 34, page 221, granted and conveyed unto Joseph D. Masz~ a~,H Mary E. Maszl~, husband and w~fe. COMPANY NAME: ~mv ~ cr~. r/r</^ ~' ~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.5 Section 4904 relating to unswom falsification to authorities. Dated Mem:h 2L 2cot ~EN O~AND0 Title vzcE PRESIDENT FLEET MORTGAGE CORP. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : VS. : NO. 2001-1705 JOSEPH D. MASZLE and : MARY E. MASZLE : CIVIL ACTION - LAW : DEFENDANTS : IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Kindly Settle and Discontinue the above matter of record. PURCELL,~& HALLER By: Leon P. Haller Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 5, 2001