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416 129
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
Hampshire, ss. CIVIL ACTION NO
RONALD E. WOLF,
Plaintiff
VS.
HAMPSHIRE SUPERIOR COURT
RICHARD B. MEYER,
Defendant Ava 1-2 2016
HARRY JEKANOWSK(, JR.
CLERK / MAGISTRATE
COMPLAINT
The Plaintiff, RONALD E. WOLF, is an individual Mortgagee with an address of 133
Plainfield Road, P.O. Box 2, Cummington, MA 01026.
The Defendant, RICHARD B. MEYER, is an individual who, on information and belief,
has an address c/o MCI-Norfolk, P.O. Box 43, Norfolk, MA 02056.
On or about May 15, 2007, RICHARD B. MEYER made and delivered to RONALD E.
WOLF a Promissory Note (the “Note”).
Said Note is secured by a Mortgage covering real property situated at 54 PORTER HILL
ROAD, CUMMINGTON, MA 01026 (“Premises”), given by RICHARD B. MEYER to
RONALD E. WOLF, dated May 15, 2007, which mortgage is recorded in the Hampshire
County Registry of Deeds, Book 9128, Page 104 (the “Mortgage”).
The Mortgage is in default, in that the principal and interest payments duc thereunder are
not being paid in accordance with the Note.
The Defendant, Richard B. Meyer, is the present owner of the equity of redemption of the
Premises secured by the Mortgage by virtue of a duly recorded deed to him from Ronald
E. Wolf, dated May 11, 2007, and recorded with the Hampshire County Registry of Deeds
in Book 9128, Page 102.
The Plaintiff knows of no person interested in the Premises secured by the Mortgage who
is in the military service of the United States.
The Plaintiff would be entitled to foreclose the Mortgage except for the Servicemembers’
Civil Relief Act, formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940,
as amended.
32
624903.1
oo
WHEREFORE, the Plaintiff demands that the Court adjudge:
That no party to this action is entitled to protection of the Servicemembers’ Civil Relief
Act, formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended.
That the Plaintiff be authorized to foreclose the Mortgage by entry and by exercise of the
statutory power of sale.
That the foreclosure of the Mortgage, if made by the Plaintiff under the authority of this
Court in accordance with the preceding paragraph, be approved and confirmed by this
Court by its final judgment.
*#
THE PLAINTIFF
RONALD E. WOLF, MORTGAGEE
eZ.
RY P NNON, Its Attorney
BO #45
Dohert¥, Wallace, Pillsbury & Murphy, P.C.
fie Monarch Place — Suite 1900
1414 Main Street
Springfield, MA 01144
(413) 733-3111 Telephone
(413) 734-3910 Facsimile
-2-
624903.1
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ee Me 416 129 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT Hampshire, ss. CIVIL ACTION NO RONALD E. WOLF, Plaintiff VS. HAMPSHIRE SUPERIOR COURT RICHARD B. MEYER, Defendant Ava 1-2 2016 HARRY JEKANOWSK(, JR. CLERK / MAGISTRATE COMPLAINT The Plaintiff, RONALD E. WOLF, is an individual Mortgagee with an address of 133 Plainfield Road, P.O. Box 2, Cummington, MA 01026. The Defendant, RICHARD B. MEYER, is an individual who, on information and belief, has an address c/o MCI-Norfolk, P.O. Box 43, Norfolk, MA 02056. On or about May 15, 2007, RICHARD B. MEYER made and delivered to RONALD E. WOLF a Promissory Note (the “Note”). Said Note is secured by a Mortgage covering real property situated at 54 PORTER HILL ROAD, CUMMINGTON, MA 01026 (“Premises”), given by RICHARD B. MEYER to RONALD E. WOLF, dated May 15, 2007, which mortgage is recorded in the Hampshire County Registry of Deeds, Book 9128, Page 104 (the “Mortgage”). The Mortgage is in default, in that the principal and interest payments duc thereunder are not being paid in accordance with the Note. The Defendant, Richard B. Meyer, is the present owner of the equity of redemption of the Premises secured by the Mortgage by virtue of a duly recorded deed to him from Ronald E. Wolf, dated May 11, 2007, and recorded with the Hampshire County Registry of Deeds in Book 9128, Page 102. The Plaintiff knows of no person interested in the Premises secured by the Mortgage who is in the military service of the United States. The Plaintiff would be entitled to foreclose the Mortgage except for the Servicemembers’ Civil Relief Act, formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended. 32 624903.1 oo WHEREFORE, the Plaintiff demands that the Court adjudge: That no party to this action is entitled to protection of the Servicemembers’ Civil Relief Act, formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended. That the Plaintiff be authorized to foreclose the Mortgage by entry and by exercise of the statutory power of sale. That the foreclosure of the Mortgage, if made by the Plaintiff under the authority of this Court in accordance with the preceding paragraph, be approved and confirmed by this Court by its final judgment. *# THE PLAINTIFF RONALD E. WOLF, MORTGAGEE eZ. RY P NNON, Its Attorney BO #45 Dohert¥, Wallace, Pillsbury & Murphy, P.C. fie Monarch Place — Suite 1900 1414 Main Street Springfield, MA 01144 (413) 733-3111 Telephone (413) 734-3910 Facsimile -2- 624903.1