tailieunhanh - PEOPLES HERITAGE SAVINGS BANK v. RODNEY E. PEASE et al.

We have found no evidence that the Hamburg cell members received funds from al Qaeda earlier than late 1999. Before then, they appear to have supported themselves. For example, Shehhi was being paid by the UAE military, which was sponsoring his studies in Germany. He continued to receive a salary through December 23, 2000. The funds were deposited into his bank account in the United Arab Emirates and then wired by his brother, who held power of attorney over the account, to his account at Dresdner Bank in Germany (although there is no evidence that al-Shehhi’s brother knew about or. | MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision 2002 ME 82 Docket Pen-01-716 Submitted On Briefs April 18 2002 Decided May 21 2002 Panel CLIFFORD RUDMAN DANA ALEXANDER CALKINS and LEVY JJ. PEOPLES HERITAGE SAVINGS BANK v. RODNEY E. PEASE et al. DANA J. V Rodney and Constance Pease1 appeal from the District Court s Bangor Russell J. entry of a default judgment against Constance and summary judgments against Rodney on Peoples Heritage Savings Bank s foreclosure complaint and on Rodney s counterclaim. The Peases contend that the court erred in entering a default judgment against Constance because she was not served properly. The Peases also contend that the court erred in entering the summary judgments because a Peoples agent illegally notarized the mortgage deeds there are genuine issues of material fact regarding whether Peoples entered into and then breached a renegotiated agreement with the Peases and there are genuine issues of material facts as to whether Peoples correctly stated the amount required to cure the defaults on the loans. We affirm the entry of the default judgment and vacate the summary judgments in part. 1. The other named defendant Jeffrey Small . Electrical Installation and Design is not a party to this appeal. 2 I. BACKGROUND 2 The Peases and Peoples executed five notes secured by mortgage deeds on May 31 1991 July 26 1991 August 30 1994 January 6 1995 and August 22 1995. All mortgage deeds were notarized by Peoples employees. 3 The Peases failed to make a number of payments and in June of 2000 Peoples sent them for each note a notice of default and a notice of their right to cure by paying the amount of the arrearage. The notice for the August 22 1995 loan stated that the arrearage in monthly payments was 7 that no other charges or fees applied and that the total due was 9 . None of the other notices included mathematical inconsistencies but the notice for the July 26 1991 loan reported the arrearage in monthly .