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Home My WebLink About01-3064MATrLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chesmut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A, COURT OF COMMON PLEAS 7130 GOODLETT FARMS PARKWAY CUMBERLAND COUNTY CORDOVA, TN 38018 Plaintiff w. No.: MICHAEL S, MULHOLLAND CIVIL ACTION MORTGAGE 253 E, LOUTHER STREET FORECLOSURE COMPLAINT CARLISLE, PA 17013 REBECCA A, MULHOLLAND 253 E, LOUTHER STREET CARLISLE, PA 17013 Defendant(s) NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ***************************************************************************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATFLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (2 ! 5) 923-2225 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS 7130 GOODLETT FARMS PARKWAY CUMBERLAND COUNTY CORDOVA, TN 38018 Plaintiff vs. No.: ~/- $O/, ¥ ~ ~Tc~ MICHAEL S. MULHOLLAND CIVIL ACTION MORTGAGE 253 E. LOUTHER STREET FORECLOSURE COMPLAINT CARLISLE, PA 17013 REBECCA A. MULHOLLAND 253 E. LOUTHER STREET CARLISLE, PA 17013 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Union Planters National Bank (hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Peunsylvunia and brings this action to foreclose in the Mortgage executed between Michael s. Mulholland and Rebecca A. Mulholland, mortgagors hereinaRer referred to as "Defendants" and GMAC Mortgage Corporation of PA. Said Mortgage is dated August 30, 1991 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland, Pennsylvania on September 3, 1991 in Mortgage Book 1027, page 156. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "A". 2. Mortgage was subsequently assigned as follows: a. to Leader Federal Bank of Savings, recorded on 08/23/94, in Book 480, page 579. Plaintiffis the proper party plaintiffby way of assignment to be recorded. 3. The Mortgage secures Defendants' Note dated August 30, 1991 in the amount of $59,650.00 payable to Plaintiffin monthly installments with an interest rate of 7.000%. A copy of said Notice is attached hereto and made a part hereof as Exhibit "B". 4. The land subject to the mortgage is: 253 East Louther Street, Carlisle, PA 17013. A copy of the legal description is attached hereto and incorporated by reference. 5. The Defendant(s), Michael S. Mulholland and Rebecca A. Mulholland are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 253 East Louther Street, Carlisle, PA 17013. 6. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance $ 52,429.82 Interest Calculated to April I, 2001 $ 1,532.32 Late Charges $ 109.14 Escrow $ 316.11 Attorney Fees $ 2.621.49 Total $ 57,008.88 plus interest from 04/02/01 at $12.56 per day, costs of suit and attorney fees. 6. In accordance with the provision of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose Mortgage is not required in said proceeding as the bona fide consideration is in excess of $50,000.00. A Notice of Homeowners' Emergency Mortgage Assistance is not required in said proceeding as the same is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C.A. Section 1707-1715z-18). The Defendants have not cured the default. WltERKFORE, Plaintiffrequests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $57,00g.88 together with interest from 04/02/01 at $12.56 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER #60068 948/56407 Exhibit "A" t" '"'ERLA v ~,OUNTy'I &. ,. ~ ~ ~lS ~Oa~AOe ("S~i,y Jnmumene') i. 8i~ on AUCUST 30~ , ." The Mop.or is '~"' wh~ ~d~s is 2~3 ~5~ ~E~ ~RLX8~[ . PA 170L3 , ("Borrows"). ~tis ~urity Instrumenl is ~ven to ' ~ ~C ~R~GK ~R~TXON O~ PA ~,: which b or~nJ~ nd ~istJns under Ihe laws oF PENNSYLV~XA , and whose ~. ~d~ is 8360 O~ ~RK ROAD .: E~ZNS PARKs PA 191 L7-1590 ("l~ld~"). ~ ow~ ~ldcr the pri~ipal sum of ~T~-~ ~0U~D ~ ~ND~D ~T~ AND 00~00 :: ~lhrs (U,S, $ ~ ~ 650', 00 ), This de~ is ~d~ by Borrower's no~ d~l~ the ~m~ dine ~ Ih~s ~curity In~lrume~l ("Nole"), which provid~ for mommy piymeals, wilh the full debl, ~f no~ paid ~rli~r, due and ~abl~ · $~gR 01 ~ 20~1 , · . This S~ufity l~rum~t s~ur~ ~o L~nd~r: fa) the repaymcnl of hc debl c~idcnced . ~ by Ihe N~. with inle~t, and all ~wals, ext~sio~ and m~ifi~fionsl (b) the ~ymen~ of all olh~ ~um~, ~ith inler~t, coney to ~nder the followin8 de~ri~ pro~rty Iocat~ in CUKBER~ND .~/~ ')~.~:'~: . ACCORDZNG ~ S~EDULE ifaff A~ACHKD ~RE~ AND ~DE A PART ~REOF · .~ *.. STREET CARLISL~ which h~ the add~s of 253 S~T ~e C~l, ("Property Add~"); . ,. Penp~ylvanfa 17013 ~ ~HER WITH MI t~ tm~v~ts n~ or he~ ~ on the ~y, and afl ~cnfs, r~hls, appu~. ~ ~rty. All ~la~cnts and additions shall also be co~ by this ~urity Insirumenl. Ali o[ · , ..' BORROWER COVENAN~ that ~rmw~ ~ lawfully sei~ o~ thc ~ta~ hcrcby ~n~d and has the risht to morlEa~e, ?~ and will ~rend ~flcrally the title Io the Pretty ~ainst all cld~ and demand, su~l to any en~mbrancn flf rec~. ~'".~ debt ~id~ by the Note nd hte cbar~ duc und~ thc Note. . ~ 2. Momfbly ~ymen~ or Tslff, I~mnm smd Ofb~ ~m~. ~r~wer shall include iff each monlhly paymenf, loather '" wifh the ~ and Jnle~t u ~1 [o~h Jn the Note and ~y late char~, an i~lallmenl ~[ an~ (a) taxes and s~Jal a~sm~ts ~.~ :.. Icvi~ or lo be levi~ api~t the Pro.fly, (b) Ica~hold payments or Sround rents the Pro~rty, (c) premiums insurn~ r~ul~ by par~raph 4. t Each monthly in~,t aiJmem ft-r item~, (a). (b), and (c) shah equal one-tweJflh of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient lo maintain an additional balance of nm more than (,ne-sixth of the estimaled amounts. The full annual amount for each item shall be at'cumulated by Lender within a p~riod ending one month before an ilem would become dcliftquent. I.~'nder shall hold the umotml~ collated in ItUSl lo ~y items (a). {b). and (c) before they b~ume delinquenl. be c~dited with the balan~ remaini~ for all installments for items (n), (b). and (c} nnd any mortlale insuran~ premium (b) Sale Wilhout C'redll kl~z. ~d. Lender shall, ~f permiued by apI~ icable Iow and with the prior approval or Ihe ,~.retary, ~e~Te~S~y~JO~upy the Prcq,,eny, bm his or her crediL h~ not been approved in accordance with the pu[ch~e~ or ~rantee fnr ms,uram.'~,, under Li~e I'~atlon#l Houston Act within dxty (~0) d~ys from the dale heieot: Lender mau aty .n..o_!.w. ,t n? nm ng .n.ythmll ,njPa~'allraph q. [~luire immediate payment in tull or all sum.~ ~-'u~t by this ~ v ,u_..... ....... - ~y.lnsln~meni. and ~hc Note secured II}.ereby droll be deemed condl~e pool' of such ineli~i~i'fl~ity. 'i:I.~ ! assinnmen[ for additional security only. "~i.'~ i and receive nil of [he renls of ,he Property; and (e)e,¢h tenant of the Propen),shal, pay nil rents due and unpaid lo Lender the Property shall terminale when the deb~ ~ecured by Ihe Security Instrument is paid in tull. · moN us u! ~o ~1oN aql ua p~Jmuo m uomfflm.f aql m aI t ~Jn~s ol J~mq m mat si lU~mm~u[ , Exhibit "B" AD3USTABLE RATE NOTE HULTZSTATE FHA Case No. &~l-433Sll-2 LOAN NO. ' 1-573906-02 AUGUST 30 , 19 91 253 EAST LOUTHER STItEET , C&RL'rS'L~ , PA ]7013 (Property Address) 1. PA~tTZmq (A) T~.me (a) FI. ace (C) Amount rate could change. (B) The Index ' FHA HULTISTATE ADJUSTABLE RATE NOTE 2/91 FHU-ARH-N 1/3 Rev.4/gl Page I of (C) Calculation of Interest Rate Changes Before each Chan~e DaCe, Lender viii calculate a ney interest race by adding a margin o£ 19Q0 AND 50~100 percentage points ( 2,~00 Z) Co the Current Index and rounding the~svm co the nearest one-eighth of one porcentage point (0.125Z). Subject to the ~inics scared in Paragraph 5(D) of this Note° chis rounded amount (F) Notice of Changes daTs after the paymene is due, Lender may collect e late charge ~n the amount of (B) De£ault FHA 8ULTISTATE ADJUSTABLE RATg NOTE 2~91 ~14U-AP~-N 2/3 Rev. 4/91 ' ' Pa~ ~. o£ 3 LOAN ~: 1-573906-02 .". (C) pa~yuen~ of Costs and Expenses If Lender hss required ~mmedlate pa~ment in£ull, aa described shove, Lender may require Borrower to pay coats and expenses including reasonable and '..~ 8. VAIV~.R.S MIC~IAEL S. MULLIO~AND B~'~' . ,.. . ~ . (S~L) (S~L) ":. ~IU-ARH-N 3/3 ~ev. 6/91 Page 3 of 3 '~. WITIIOUT RECOURSE .I PAY TO THE ORDER OF · ? UNI.0,~PLANTERS BANK, N.A. / SHERIFF' S RETURN - REGUIR%R CASE NO: 2001-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNION PLANTERS BANK N A VS MULHOLLAN-D MICHAEL S ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ~T.~OLLAN1D MICHAEL S the DEFENDANT , at 1709:00 HOURS, on the 30th day of May , 2001 at 253 E LOUTHER ST CARLISLE, PA 17013 by handing to MICHAEL MULHOLLAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.10 05/31/2001 MATTLEMkN WEIN-ROTH & MILLER Sworn and Subscribed to before By: me this ~& % day of y Sheriff ~ ~.$~! A.D. F P~othonotary SHERIFF' S RETURN - REGULAR CASE NO: 2001-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNION PLANTERS BANK N A VS MULHOLLAN-D MICHAEL S ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAND REBECCA A the DEFENDANT , at 1709:00 HOURS, on the 30th day of May , 2001 at 253 E LOUTHER ST CARLISLE, PA 17013 by handing to MICHAEL MULHOLLAND (HUSB~ND) a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/30/2001 MATTLEMAN WEINROTH & MILLER Sworn and Subscribed to before By: ~/~-~, /';~gz_ me this ~l(,- day of Sheriff A.D. FPffot honor ary