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Home My WebLink About97-02285 ) 1 '1.- o - :~ ., ~ , c;t 2 - :)!. ~ <t <.;:Q ~ ~ II) \l ~ Q <:J - , - :) '- ~ l>o c-i r( ~ ~I I ~I .'it> ? ': l;. ';~ 'J-; ~ )3: ~i ~^., .'>,- "'~ .~j "A1 'J].: -.'1' '<:f,., 'I:' :.,/. '7" :s~ 'aJ .:~; . :'.~' . ;1, .,", >!f1. ''f 'i ;:~ ,,~ ;~ "~ ':;~3 (,,' :~ '-;"Ji ,",;' "~'l .~ ',,,\ -c~~ j / ~ ".. .-.-", . .~:~ -A'- p -~.:~ f~. " ':~ -<~ .'.:t described, which Mortgage is recorded in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book Volume 1319, Page 344, !tl:~. ("Mortgage"). A true and correct copy of the Mortgage is attached hereto as Exhibit A and incorporated herein by reference. 4. The premises subject to the Mortgage is described fully in the deed recorded in the office of the Recorder of Deeds in Cumberland County in Deed Book 108, Page 558. 5. The Plaintiff believes and, therefore, avers that the Defendants, steven A. Failor and Cynthia L. Failor, are the sole real owners and mortgagors with regard to the mortgaged premises. 6. CoreStates Bank, N.A., successor by merger to Meridian Bank, has not assigned the Mortgage and is the holder thereof. 7. On or about May 7, 1996 the Defendants executed and delivered to the Bank a Note and Security Agreement ("Note"), which accompanies the Mortgage. A true and correct copy of the Note is attached hereto as Exhibit B and incorporated herein by reference. 8. The Defendants are in default with regard to the Mortgage, as they have failed to pay when due the monthly installments from August 15, 1996 to date on the Note. 9. Pursuant to the Homeowners I Emergency Mortgage Assistance Act of 1983 ("Act 91"), written notice of counseling was given to the Defendants on January 23, 1997. Plaintiff believes and, therefore, avers that the Defendants either did not avail themselves of the opportunity for assistance under Act 91 or did not qualify for such assistance. A copy of the aforesaid Act 91 notice of counseling dated January 23, 1997 is attached hereto as Exhibit C and incorporated herein by reference. 10. Pursuant to Act of January 20, 1974 P.L. No. 6 (41 P.S. 101 et ~.) ("Act 6"), written notice of intention to foreclose was given to the Defendants on January 23, 1997. A copy of the aforesaid Act 6 notice dated January 23, 1997 is attached hereto as Exhibit D and incorporated herein by reference. 11. Copies of the Certified Mail Receipts and signed Return Receipt cards of the Act 91 notices and Act 6 notices are attached hereto as Exhibit E and incorporated herein by reference. 12. The claim of the Plaintiff is itemized as follows: (a) Unpaid principal (b) Interest at the rate of 9.747% per annum ($8.37 per diem) to 4/23/97: (c) Late Charges: (d) Attorney's commission at the rate of fifteen percent (15%) of the unpaid loan balance, said rate representing reasonable attorneys' fees under Pennsylvania law and authorized by the Note and Mortgage: $31,418.10 2,359.50 10.00 TOTAL: 4.712.72 $38,500.32 Interest continues to accrue after April 23, 1997 at the rate of 9.747% per annum ($8.37 per diem). The attorneys' fees set forth above are in conformity with Pennsylvania law, the Note, and the Mortgage and will be collected in the event of a third party purchaser at Sheriff's sale. If the account is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. .' .". ........ . .. - .... .-....-...--.. -..-.... i ..... ..._.....1 ~ 0011098 /':~;$"S' Ji.(r~<<..- ..Meridian' Bank ~202W198 Cqllateral Mortgage THIS MORTGAGE. a.a.J HolY 7. . IlJ 96 . it MfWun you. 5'WIDl A FAILOR CYHlHIA L FAILOR RCEERr ? !':CL~~ RECOiiDER OF DnDS ~UMSERLAUD COUUTY'PA ftlOng'l 525 Ill' ROCK RD NEWVILLE PA 172~1 PM 1 IJ9 :96 ~~y 10 . ". !hi pttlOl\ Of Ptf'IOW I9w'G II 1JonglF btlOlIf. InCI "'. MlrOin BIIIk. 35 N 6th SlrHl, A"ding PIMI)'lvIl'ill MORTGAGED PREMISU: You mort;ag. to u. tI'l. ptt",....loc.Illd 'I . , 525 Ill' ROCK RD ,gool. !hi "Moft0l9.... WEST PENIISIIORO CUHBERLAIm PA .6'09'0521-078 c.w'~'T___'""", c-. ._ a-...___ (the ?remiu.,. A..g.. ~ of the Pttmal.. I' contIt\td...!he deed by..mich you ICq\Iittd Iht PmniM., which is rlCOl"dld.t!he 0__ CUMBERLAND Countyllfl'lC.lottNRtcen1ln911ID.tdI,inDHdBooll. 108 .onP'g'I" sse 01, If checUd. on Iw upar.l. pag.(.) .ltI(tltcl:o:'lll Mortgag.1nCI (ailed "EahibIl A.. Th. PrtmlM. n:ludta II buiIdinqs InCI other Improvlmlnts now OIIII.r on the PrImIIIt" any righll or Inl""l' 'MIen a''''''1 !rom)'OUt owntrlhip, ute or poIIINlOl"l of !he P'IITIl'", You ilia "119" to us any "nll of ItIePremiII.. LOAN SECURED: lMlotortgIoe and 1Itq\m.nlol r.!'"',s WI' .taltt.1oan tvidtnCld by. Pron'IIlIOI'Y Nol.... U'Ia amount 01 S 31,700.00 Thirty Ono Thousand SO'I.n Hundrod And 00/100 .dlltdlhturntdltlIlIhilUortgag.OI.dell.llnl .19 . (lfIt.Nol.,. The loan made LWldIr Iw Note .. be ""de 10 STEVEN A FAILOR CYHlHIA L FAILOR (\IlIhtlhtr one or rT'IlW ptnons Wid ItIe ~.". This Mottg'ljjl WlI also Ma.WI: (I) ttlt eorn:..r. Clbli;abon to rtPlY U'It' Ian. ~.ltI.r WIth rlflllnc. Chargu in'lpoMd II bed 01 v,riabI. fll.1. and Olfl.r dW'gt.. according 10 ItIe I.rma 01 the Notl; (I) tI'le pt~. 01 'II 01 Bcm:w.r. pn>miIe.... 1M Note and aa 01 your promisas... ltus Mortglg.; (ii) d olhlr PflStnl and Mvt. Indebttci1nt 01 you ard'or IhI Donowt, to UI II /NY :. Ihown on our 1nI.rnal bookt and rlCOl'ds. wtltlhlr dirKl or IndirICt. 1bIoIul. 01 conbngln1. SOli, joint Of MVefII. M Of 10 bIeornt W., and..1fVM r~ 10 how IncurrId rnducl.no'oY.rdrattsl.logtlhtr WIth inl.rlll, Ial. chat;1I.1tId othlr 1Wn. due on tuch ~ (lvlll NnI WI fillY .dvance 10 iN;,;r.. PlY WII on or ftpalr!hl PramiJII. tven 1I'll:luotl.... .,. nol obIigalld to mak. any Idvanctl on )'OUt bIhaI': fv1cu UDInIII 01 coItcIIon and tnl~nl in lhI event of )'OUt or !hi Borrowttl dNuIt: (vi) any tumJ ''''11''dtd in any condIlMllion 01 ImIr'\tf1I doInaM1 procHClng nvoIWiO II or Illy p&tt cl,.. PlItnlllI; and (Vlilll'l't' 'IltnliOnJ, ~ &mItIdrntnll or olhlr mcofIttllOnl 01 1M NoI..lIlht P~ arelocllld n '" 51111 cI Ntw J.,.IY, N:t'm Omodlftc:allOnJ" 11 dtl'lrltd in P.L HIlS. Ch. :W.1nd IhiI Mortgaqe snaI be tuOjKl to 1fI. prionly provlIionsollhatllw. OWNERSHIP: You ~ IrIaI you II' lhI JOlt OwT\t"lsl of lt1I Premilll:-Vou hav1. IhIltg:1J right 10 mortg.g. iI to LIS. TAXES: You agrH to pIf" fill "tall 1aJ;1S. Ultur.'Anll. \IlIllIrdwg.. and H'IIfIr ttnll fllllIng to 1M Pr.mi..s 'o\'tl.n IhIj comt dul. You" nol d&lm any ~ on. 01 make ~ !rom. trl. .urn, ~I or: :n:1 Noll btaUII you PlY th... WtI and ctlatgts. You WII provid. US WIth proof of paym.nt l4)Oft - MAINTENANCE: You... to maintain tI'lt bui~I'1 en :!'It P'tmiH,ln good condiIion. You WII not make tnI/Of chInIjjll in 1fI1 building(.) 'J:cIPllor I'lOrmaI lepUs. You" noI tNllhI buildingtS) ao-.o.nA":"C\It ~,.t gtltlng our tonllnl. INSURANCE: You'!if" 10 ~!hI buildll'lgtll en:'--I :"":':J"SltlSured al,d bmts Iglinl! bls by llrt,lIood and Illy Otl'l.r ".rttndtd coY.rlgl"I'IU'rc. WI filly speoly. You may c:hoou ltII insurant. com~1l"1 :_~ )'c..' ehoic. it subjtc1 to our rusonablt apptOY.1. Th. politi.. must bt ~or at 11I111fI. 'mO\lnl' and lhIllmlI periods 1hII Wlspeoty, mutt nol tI. ccntr.e~-:.:": i.-a l':':Ullnam. u. I' "MOttgaqe..' ThI. me"" INI ",...1 ftCliVI PI)T:'trlt on an intUfIfIC..c.altTls. to !hi 'ltlnt cI our inltrtsI unotf IhiI Mottga;.. tt';../cu. T'/".. ~II musl provId. thai "'I be QlVtn not It II U\1t110 dlys :'lObe. of any CItIC.naton or reduc:lion In COVIf'lJ'.lflhl Nuranc' is canc.~tcl:.:-. ::..trag. ftduc:.d and you do not ptOIIIPttyobllln IAbs'.Jelcry 1'I!:!tt''r..nl COII.r.gl. WI m..,ltlul .fI nee obIigIltcIlO) OOCIinc:ovtraglllllslaC'.ory t: ",I ....:~...II e'Mr Ie us UQOn our fIqUIslth. polces or olhlr plOOls 01 in'wrJncl. YOU musl prom::uy N. . prccI 01 bst...lhI awntol dImIQt to !hi Prt'r..I.. f .,.Cll 'a" 0' r.tus. 10 lilt. ptOOI 01 lois, WI rnay de so on)'OUr bfh&d. You ctlrld th. ...sur.rs:o PolY IhI proceeas 01 trry dIi1t cIrtc;IIy to IJI. You .;:ctr: ..J as )cur ,"omey-in-I.CI to endorse )'OUt name to trry proof 011011 &r.d :0 Illy' Check. drall or other in.ln.mInt ... Plyn'lInI oIln1urance proctta.. II ....t .t-:..... ;a}'mtnt 01 . da.m. ",. WII plrmrt you to UII tI'l. money to I'Ipl,r :I'll elarnagl. but on", r ",. fllsonabfy ~ thl ns..nne. proceeds art le.;_,~. ';f :.":., ;ulpOse. OltI,fWlH. .... WIll ust!hl ~ to l'Iauc. wf'\allht BOrTOVlfr Owe, on lfl. Nell. II "'. tlec:omt Iht ownlr cI '" PrI1T'lll' Clu. to 'orK';I.... ::"t ;lOllt:tS.nd an of your rights In the policitl Shalf btcom. our proQt~f. SALE OF PREMISES: You agrH noc 10 "II or traIIl',.:-t Pt'!!':l"'. in \IlIhoI. or In part. ",,1hOUI our pnor wnIltn con..nt. PAIOR MORTGAGE: Yau agrtIlhIl you WIll Cl.rlCrr.'l ..' Y01,Or Olroml.1I1l'ICI obboabOns on.ft)' prier mortgage on 1fI. Pr.tnl"S. DEFAULT: A delaulllnditt Iht Nol. is' a.faull unc..:" Mor:;ag..1l1t1'/ dtrauR occu,.. upon giving you Illy' bm.1y notIC. or your nljjnllO cur. AI may tn.n be requirtd by law andycu ,....... 10 CUrt Wllhon If'.: :~. ~tl1Od. WI can atmand Immediat. p,aymtnt In M 01 tn. Noll and Olh., .na.Ottdneu. If..... co not fKllVI pa'fl'l'll1'll" luI... may 1htn lortdo" uClOft =-4 \lor.;a;.. ThtI mtanslhll.... can anangelor Iht Pr'ITIlII' 10 be flnltO or sOld. u pt'OVldlO by law, k1 ordtt 10 payolllht NotIIf'ldIot oChIr Indttlltdntll. ;! Jr.1 monty WI rlC.... rrem the r.nlII or ....11 noc tnough to PlY off WfIII i. O\IlItd by 1fI. Bot'rOWlf on th. Holt. )'OUwilnotoweutIhlOfl.renc. uru.u iC\l.11a Signed 1fI. NoI. 1101 Borrcwtr. BINDINQ EfFECT: lJnIlI... Bonowtr hat paid lI'I. fje:. n M. Ih. ~1lOIl. cllhis Mor1g1g1 WlI be binding on you and III Mut. ownl,. and ltn,nll olN PremiIt.. This Uort;aot.lor our btn.1lt and tor lfl. ::fl'l.111 or anyone 10 whOm \Ill' tnly auign it. Upon PlyTn.nlln fug clllllhl.l trI. Borrower ow.. US. this Mortgagtltld cu flghts...1ht PrtmiItI snan .nd. GENERAL: W. can "'.... 01 deity tnfOtCing any 01 ""r "!ii'll' unct.r the Noll. 1fI. Aor'emenI or thiS Mon;a;. WIthOUt IOSI'1Q ltI.m. Wt ""y t.ltll. p.rson. or ptOpIfty from '" obIgtIIonIlICUfId by '"tong a;. \IlI1lhOu1alltcbtlg OUt rights under this Uortgaqe. Arty wart.r by us 01 any ptDYIlion ollfl. Not.. 1fI. Aor.tmtnI or Mortgage.1 any wi I be a \IlI'N.r 01 NI 01 any oth.r pt'O'riIiOtl on any other occasion. RECEIPT OF OPY; Y ltIQ a COmg1tl.ty ~lltd~ CCIC't' of this Mortgag.'1 trl.limI 01 $IQl'W\Q. \. I . ISEAL) C\ 'N<Ln I .-=:tn ,On ISEALI M """"goo ~ L FAILOR Pr.pared by (lobi 19*"'" Premls.ts .r.lOCatlO '" New Jef$l!Y.1 ei0!1319 rAC. 344 :tl>>yono11['\1 501J _._ __~a._._'_.--""'____.' ._.._~ (!;:.~, "\ ......",...... 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NCmrI 0' flOfOUlJ 0E1JlT MfJV..VJ:8 T'IIli SiporUI"''' rc."""1Ib(1) ......e..., o.&Wa '--..... -..o-,CIIIIll AacWtll_11uIdI ___-... wID............ au ~ it......... hill.... rc.. .........",. tIIQJofIqf riI..lOIillnl '" 1IlI___-.-,....&. Tbit....... fIII;Id.-.-...,... ......_.,.. ......1......... .........___ n. _tldIIrp.......,..... "" .._____....,....... n. ...fIt.. ..... -'11_. tI................. Ilnmd.. riI UJ*' lIII"~"'" ~ -.. dill fIt_......... ~. ~..,... ............IlI..,.,*"wiI..~.......,._I)I.~..____r.a,.~..___..."""aI~Dt... ...---..,......,........................... .... --- lrfO'I1CEl sa UVDSISlDE rol DtPOIT.un'tlmJlMAnON ,'.,,!" .'~,. ...."...... ... "'. ..,. ,.. '.r- ,. - '01.. !Cj~l::.r,. .,'1...... .".,. I ,"-'. I 1--'''- I. , .................~... ..-....- ,,~ I'.,.... . '.--"'--. Notice of HEMA Act of 1983 (2) January 23, 1997 your mortgage payments, and if you meet other eligibility requirements established by the pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The pur.pose of this meeting is to attempt to work out a repayment plHlI, O~ to otherwise settle your delinquency. This meeting must occur in the next (30) days. If you attend a face to face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representative is: Core States Bank Attention: Keith W. Bartholomew P.O. Box 1102 Location 6-90-4-377 Reading, PA 19603 Telephone Number: 1-800-396-3250, extension 53381 or (610) 655-3381 The name and address of a designated consumer credit counseling agencies is: Consumer Credit Counseling Service of Western PA, In. 2000 Linglestown Road HarriSburg, PA 17102 (715) 541-1757 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of delinquency is $2,499.58. That sum included the following: August 1996 September 1996 October 1996 November 1996 December 1996 January 1997 $ 414.93 $ 414.93 $ 414.93 $ 414.93 $ 414.93 $ 414.93 -.,'., ' Notice of HEMA Act of 1983 (3) January 23, 1997 S 10.00 $2,499.58 Late Charges Total The Department of Housing and Urban Development (HUD) has a toll-free number by which an individual may obtain a list of HUD approved counseling agencies that serve the area in which an individual resides. Please call 1-800-569-4287, for the appropriate agency information. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a complete Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone Number (717) 780-3800 or 1-800- 342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. e;Y.!"!1!, C '. . CoreStates stephen A. Failor 535 Mt. Rock Road Newville, PA 17241 Stephen A. Failor 525 Mt. Rock Road Newvillet PA 17241 January 23, 1997 Cynthia Failor 535 Mt. Rock Road Newvillet PA 17241 Cynthia Failor 525 Mt. Rock Road Newville, PA 17241 RE: NOTICE OF INTENTION TO FORECLOSE Installment Loan #4202-203198 Mortgage Volume 1319, Page 344 Office of Recorder of Deeds for Cumberland County (hereinafter referred to as the "Mortgage") Dear Mr. and Mrs. Failor: The MORTGAGE held by Corestates Bank (hereinafter we, us or ours) on your property located at 525 Mount Rock Road, Newville, PA 17241, Parcel No. 46-09-0521-078, IS IN SERIOUS DEFAULT because yOU have failed to make paYments of $414.93 for Auaust 1996. $414.93 for September 1996. $414.93 for October 1996. $414.93 for November 1996. $414.93 for December 1996 and $414.93 for Januarv 1997. Late charqes (and other charqes) have accrued to this date in the amount of $10.00. The total amount required to cure this default and bring your account current, as of the date of this letter is $2,499.58. You mav cure this default within THIRTY (30) DAYS. from the date of this letter. bv pavinq the above amount of $2,499.58 plus any additional monthlv paYments. late charqes and additional charqes which become due durinq this period. Payments must be made by Cash, certified Check or Money Order, and payable to CoreStates Bank and mailed to: Keith W. Bartholomew, P.O. Box 1102, Location 6-90-4-377, Readingt PA 19603. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our riqht to accelerate the mortqaqe paYments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you will no longer have the chance to payoff the original mortgage in monthly installments. If full payment of the total outstanding balance is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to beqin a lawsuit to foreclose on your mortqaqed property. If the mortqaqe is foreclosed. your mortqaqed property ~r..:rSI'7 ... '. Notice of Intent to Foreclose (2) January 23, 19P1 will be sold bY the Sheriff to DaY off the mortaaae debt. If we refer your case to our attorneys, and you cure the default befor.e they begin legal proceedingst you will be responsible to pay reasonable attorney's feest actually incurred, up to $50.00. If legal proceedings are started against you, you will have to pay the attorney's fees even if they exceed $50.00. Attorney's fees will be added to your balance, which may also include other reasonable costs. If vou cure the default within the THIRTY (301 DAY Deriod. YOU will not be reauired to DaV attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you fail to cure the default within the THIRTY (30) l)AY period and foreclosure proceedings begin, YOU still have thu riaht to cure the default and Drevent the sale at anv time UP to one hour before the Sheriff's Sale. You may do so by Davina the total amount of the unDaid month Iv Davments. late charaes. illly" additional charaes. and reasonable attorney's fees and costu connected with the Sheriff's Sale (and Derform any other reauirement under the mortaaael. It is estimated that the earliest date that such a Sheriff's Sale could be held is M~y 22, 1997. A notice of the Sheriff's Sale will be sent to you prior to the sale. The amount needed to cure the default will increa~p. the longer you wait. You may call at any time for the required amount to cure the default by contacting me at 1-800-396-3250, extension 53381 or (610) 655-3381. A Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. YOU SHOULD SEEK COUNSEL FROM AN ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OF YOUR CHOOSING, PLEASE CONTACT THE NEW JERSEY BAR ASSOCIATION OR LAWYER REFERRAL SERVICE IN THE COUNTY IN WHICH THE RESIDENTIAL PROPERTY SECURING THE MORTGAGE LOAN IS LOCATED. IF YOU ARE UNABLE TO AFFORD AN ATTORNEY, PLEASE CON'l'ACT THE LEGAL SERVICES OFFICE IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. JI' b-YO-4-377 Z 177 817 320 ~.& Recoipt lor ....;-, . Certified ,';1:1il ..It 4 No InSUr""C3 CilVOI"j3 Pro\mhd ,=~:.7.\ ~o .,ot un for InremOltionJI MJil -.".... ISdO .~'J''''JJ' MI. . I ~ i~~.t.hJ..U.~ilQ. f '525 Me. Rock Rd. ~ ..,. '- .,. Q o ""Jq'.1' '.;. CD ~;,......-.... .., ~ & Ul .. ._o"''.....- _, C"tol~;;i ~o.':""'J4''''' :.. ,:..\ ""'lJ'c.",~:--, . t. '.", .' II,,:..,..:.:,:.'~~ '0:,":- 5.:1" :.,..~ ;I.........a:.j.:"..1..J......Q..,' I ~J,t I.~ J::.tl1t., ,:,~,:,.n '.ID ~C.:'.. .~"I;t ",roo" P:UI'!"'I" :' :s:, I $ c?~?- jp 6-90-4-377 , Z 177 8L7 316 ~ Receipt for . Certified Mail No Insurance Cover.J90 P'ovided ~ 00 not un fot I"elrnationel ~bll -'"'''''' ISee Reverse, a ~tf'lIIO ~ 11 '525"Me. ~ , ", a lor Rock Rd. ..II:. Q ~ Po'JIg' .., ~ Ul .. C"'''..oF" ....-"i.-,'.,7-, ,,~ .. r r " SP<<lIl cr". Il..UC'",..: "',Lr'PI. .. ~ ''") , "'turn "~~~w"'t -.. ".: IOWt\oI'l'l ,,.~,..... fl"t,jI'" RtU'of. """'11:1.\-"". DII"'I'IQ"'cc,,il~' TorAl P1I.u~. 'F.u Potlm,Jr.o'O," $ ':).$';;' .....,-.., ..-.... .. .__, -__.__. to. - ":J1i'"O:90-tj::177 Z L77 817 318 ~ Receipt for . Certified Mail No Insutanee Cavetag, Pmvidl!d ~ 00 not use fat Infetnalianal Mail -... ISee Reversel .. $Itf'IIIO '" '" ~ J: 5JS"Mt. Rock Rd. I! ~ ew . ei:' Q 0 Pos";, $ . ;;. CD .., ~ c..t....o F" I. III 0 ... Ul .. /.jD $ . -.,;l-o ~SI"'lfkC"~"t EXHIBIT 1i JP 6-90-4-377 Z 177 817 319 ~' Receipt for Certified Mail No Inlurane, C:)YlI!a;, ?!:Jvided ~ 00 not un !:)r ::-::lI!1"I!::cn,1 .\11311 -.... ISee Aevels!; l;l '" ~ i1 ~ Q o CD .., ~ & Ul .. " ~"""" ~.:t. :... ,<; ~3 ~\"o- i. :"f :. _I'.; /'/D iI"~I" ~.:.:. J.c...."'; ': ....:- I C.I" ,.~ ':'::'111" , :.::...! 'a'o\~ :~I:~;I &O,.."S 1$ P:s:1""r. :. :JU -, . ,_..' '.'-"'-"-" .., . .........n ____...._.........--00..... -...- '.'-'.' ... JP 6-90-4-377 Z L71 &L7 3L7 ~ Receipt for . Certified Mail No Insuranco Co va rage Provided '-'.";:3 00 not use for lnlernatlonal Milil -.... IS"" Reverlel JP 6-90-4-377 Z L77 8L7 3L4 ~. Receipt for - .x- Certified Mail =-- No Inlura.,:! :~ver3;! ;)rcviojc~ ,;::::,r~ 00 not 'JIG 10' 'na'''a~::ni11 Mail 1508 ;:Ieveru t'l '" '" ~ '" S..,llrI ill Ste hen A. Failor ~ 'li "535' Mt. Rock Rd. ~ P. . ol'. 0 0 Po"''a' CD .., ::iD E e".."""" & SOfC'IIo...'t . rn Q. "'\\If" iltC'.OI Snc"",ong 10 Wtlcrn , 0'1' Del....,," R.Nt" ;lee.oal SIIO...ong 10 Whom. O"...."4...OC1."....,lddrIl' tOtALilOIU9' ".., PotUI'll., Of 0". 'li ~ ...ll .f:: -' 0 0 CD .., E & rn Q. ,I'D }.10 $:,2.9 1$ .!!:;;' Po,lma'lt 0' Oall _...._..:....-....,,:.....~.._....-. ..:...:....~.___....___~__~............... .t.~.=.::;::::-.;;7..-..::::=:-....................._... ................;... ...-... . -... '. """ ." .. , ' . .........-.----......--.---.....- ................ . .~ ...:" :..._....... .... ........ ., ............... .... ......... ... .. . .. ...... ........ ......-.. -. ",' .........." ........ .. $ JP 6-90-4-377 Z L77 I':L7 :U3 ~ Receipt for Certified Mail . No Insuranee CZlvere;! ?rovided ~ 00 not usa !:):' ':1:!w~!:::n31 Mail -'-- tSee Reverse) CO) Sl1flllO ill Ste hen A. Failor ~ 'li '!i35"Mt. Rock Rd. .. ::l: o C PO"IIJ' CD .., E o u- rn Q. JP 6-90-4-377 Z L71 &L7 3L5 ~ Receipt for Certified Mail No Insurance Coverage Provided ~~ 00 not use for lnlcrnallonal Mail ISee Reverse) ~ S-^IIO ~ S 1! '52S"Ht:. ~ Rock Rd. '.. .lIe o g Potll;' .., E & rn Q. R"I/<~. ~Fft'..::1~... '.- ..;.. . ,':"'1,'- R.n..........r:ISM.....nQ i.::: I 1OV.~...",?II'o.llVll'lfd I R'M" jII<<1OI $f':crfI'lrI9 10 '/)"Om. 0'1'. ,no ~'_'I ...QOfu. TOTAL POllaQ' .F", Posltf'llk 0" 0'11 .1' .... . /1) , I I ./D I \ $ '?9. $ R'lll'..P~"IS..'...r;.: ....:- 0.11'. 1"1...~::I~.ttf I ':'::'UI tOfl... 1I0lU..' & """. POllt\"l3'il, Of CJllt \ , I ',' . ,...,., .. -.-.,. .-......-..-... _.~..'-"""-' with the Plaintiff banking institution. It is denied that numerous deposits were made for satisfying of said loans and it is denied that any loans at issue herein were satisfied. All such averments are denied, put at issue and strict proof thereof is demanded at the time of trial. 16. Denied as stated. It is admitted that Defendants made payments on loans for which they were obligated to Plaintiff. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 16 of Defendants' Amended New Matter and said averments are therefore denied, put at issue and strict proof thereof is demanded. 17. Denied as stated. The bank deposit records and account records speak for themselves. By way of further response, it is specifically denied that the Defendants deposited with the Plaintiff the amounts set forth in this paragraph 17 on the alleged dates. All remaining averments are denied, put at issue and strict proof thereof is demanded. 18. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 18 of Defendants' New Matter, because the means of proof are within the exclusive control of an adverse party and said averments are therefore denied, put at issue, and strict proof thereof, if relevant and material, is demanded at the time of trial. By way of further response, the Defendants' allegations regarding the establishment of an escrow account concern and affect the parties interests in real property and, as such, must be evidenced by a writing under the statute of frauds. However, Defendants have not offered any writing to evidence the establishment of an escrow account, and thus, these allegations should be dismissed for failure to comply with the statute of frauds. 19. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 19 of Defendants' New Matter because the means of proof are within the exclusive control of an adverse party and said averments are therefore denied, put at issue, and strict proof thereof, if relevant and material, is demanded at the time of trial. 20. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 20 of Defendants' New Matter because the means of proof are within the exclusive control of an adverse party and said averments are therefore denied, put at issue, and strict proof thereof, if relevant and material, is demanded at the time of trial. By way of further answer thereto, it is averred that Defendants were informed as to their total level of indebtedness to the Bank with regard to all outstanding loans on a regular basis and the Defendants were therefore apprised of the actual balance due and owing to the Bank as of May 1, 1996, by statements generated by the Bank within thirty (30) days of the said date. 21. Denied as stated. After reasonable investigation, the plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 21 of Defendants' New Matter with regard to scheduling and strict proof thereof, if relevant and material is demanded at the time of trial. 22. Denied as stated. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that all proceeds of the sale were fully received or were fully received at the time of closing or scheduling, and all such averments are deemed denied, put at issue and strict proof thereof, if relevant and material, is demanded at the time of trial. 23. Denied as stated. It is admitted that the Plaintiff was made aware of the closing date and transaction at some time in the vicinity of the dates alleged. All remaining averments are denied, put at issue and strict proof thereof, if relevant and material, is demanded at the time of trial. 24. Denied as stated. At all times material hereto, Defendants have been informed as to the status of and the level of their indebtedness to the Bank including times at or about the closing referred to in paragraph 24 of Defendants' New Matter. All remaining averments are denied, put at issue and strict proof thereof, if relevant and material, is demanded at the time of trial. 25. Denied as stated. It is admitted that Defendants have requested information with regard to the status of deposits and payments with the Bank and loan account balances both prior to and subsequent to the filing of this action. By way of further answer, such information has been provided by the Bank on a timely basis. All remaining averments are denied, put at issue and strict proof thereof, if relevant and material, is demanded at the time of trial. 26. Denied. Defendants have been provided with an explanation, monthly and other statements and reports with regard to their outstanding indebtedness to the Bank at all times material to this action. By way of further answer, Defendants were always informed by Plaintiff that Defendants could take any action they deemed appropriate to provide the Plaintiff with the amount necessary to satisfy Defendants' indebtedness to the Bank, and Defendants' voluntarily chose to take out the loan based upon their own business judgment and, presumably, upon the advice or consultation with counsel representing them in the real estate transactions. It is expressly denied that the Plaintiff made any representations as to the indebtedness of Defendants to Plaintiff which were inconsistent with the loan documentation then and there in existence. Furthermore, the Defendants' allegations contained in this paragraph 26 concern and affect the parties interests in real property and, as such, must be evidenced by a writing under the statute of frauds. However, Defendants have not offered any writing to evidence their allegations, and thus these allegations should be dismissed for failure to comply with the statute of frauds. All averments set forth in paragraph 26 of Defendants' New Matter are denied, put at issue and strict proof thereof, if relevant and material, is demanded at the time of the trial. 27. Denied as stated. Defendants were informed as to the amount necessary to satisfy all existing loans at all times material hereto. The averments set forth in paragraph 27 of Defendants' New Matter, without having a reference as to date, are denied, put at issue and strict proof thereof, if relevant and material, is demanded. 28. Denied. A:ter reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 28 of Defendants' New Matter because the means of proof are within the exclusive control of an adverse party, and said averments are therefore denied, put at issue and strict proof thereof, if relevant and material, is demanded at the time of trial. 29. Denied. The said averments set forth in paragraph 29 of Defendants' New Matter are denied as conclusions of law to which no responsive pleading is required. It is expressly denied that the Plaintiff took part in any alleged "duress" and, to the contrary, as far as the Plaintiff has knowledge, all actions taken by Defendants in executing the loan documentation and receiving the loan proceeds, were taken by Defendants of Defendants' free will, upon exercise of their best business judgment and with the opportunity for advice and consultation with legal counsel. 30. Denied. All loan proceeds were paid pursuant to the directions set forth in the loan documentation executed by the Defendants, and, to the extent such proceeds were applied to Bank obligations, such application was consistent with the terms of such loan obligations. All remaining averments are denied, put at issue and strict proof thereof, if relevant and material, is demanded at 2, Admitted, By way of further answer, it is averred that Steven A. and Cynthia L, Failor are husband and wife, 3, Admitted, 4, The averments contained in 114 of the PlaintiIT's complaint refer to a deed recorded in the Office of the Recorder of Deeds of Cumberland, which as a writing. speaks for itself. 5. After reasonable invcstigation answering Defendants are without sufficient knowledge or information to form a beliet'as to the truth of the averments concerning what the PlaintilTbelieves, By way of further answer. it is admitted that Steven A, Failor and Cynthia L, Failor are the sole real owners of the premises, 6, After reasonable invcstigation, answering Defendanls arc without sufficient knowledge or information to form a beliefas to the truth ofthe averments contained in ~6 ofPlaintiIT's complaint and, therefore, these averments are denied, 7. The averments contained in ~7 refer to a Note and Security Agreement which as a writing speaks for itself, 8, The averments contained in ~8 of the Plaintifr s complaint constitute conclusions of law to which no response is required, In the event they are determined factual in nature, they are denied as stated. By way offurther answer, shortly after May 7, 1996. the Failors became concerned that certain of their funds deposited with the PlaintilT were misapplied and/or misappropriated, As a rcsult ofthcse conccms, the Failors sought from the bank an explanation regarding the location of their funds as well as the level of indebtedness purportedly claimed by the bank, To date, the bank has failed to produce this explanation, As a result of the bank's failure to address the Failors' 2 concerns regarding the location and application of ccrtain funds, it is admitted that thc Fnilors have not made a payment to thc May 7, 1996 loan since AUb'llst, ] 996, Howcver, it is denied that any such paymcnt is duc until the bank can justify the usc and location of the Failor's and depending on the dctermination of the ultimatc disposition ofthc Failor's funds it is dcnicd that they arc in dcfault. By way offurthcr answer, it is averred that the Defendants made all required paymcnts from May 7. 1996 through August 15. ] 996. 9, Dcnied as stated, It is admittcd that on January 24, 1997 certificd mail addressed to thc Failors was apparcntly accepted by one Curtis Bcar as evidenccd by the documentation auachcd as Exhibit "E" to the's complaint. By way of furthcr answer, it is noted that at the time of the Plaintiff's purported issuancc of the Act 91 Notices that thc parties wcre alrcady involvcd in litigation in this court, 10, Denied as stated, It is admitted that ccrtified mail addressed to thc Failors was apparentlyacccpted by one Curtis Bear on January 24. 1997, 11. The averments contained in ~II ofPlaintiIT's complaint refer to exhibits attachcd to Plaintilrs complaint and. therefore. do not require any responsc, By way of further answer, thc certified mail receipts wcre not signed by eithcr of the Dcfendants to this action, 12, The averments contained in ~ 12 ofPlaintiIT's complaint more appropriately constitute a prayer for relief to which no response is required, To thc extent they are deemed factual in nature, it is specifically denied that the Defendants are indebted to thc Plaintiff for the stated amount. Until a determination as to the allocation of certain of the Defendants' funds is made, the level of any indebtedness owed to the Plaintiff cannot be determined, By way of further answer, PlaintiIT's 3 assertion that the attorneys' fees arc in conformity with Pennsylvania law constitute a legal constitution to which no response is required, To the extent they are deemed factual in nature, it is denied that the 15% represents a reasonable attorney fee for this mntter, AMENf)EI) NEW MA ITER 13. The averments contained in ~~1-12 of Defendants' Answer are incorporated herein as though set forth in their entirety, 14, Prior to May of 1996. the Defendants had obtained numerous loans from the Plaintiff through interaction with the Bank's authorized agent. Ralph Fetrow, Several of these loans are subject to litigation currently pending in this Court, 15, Between the period of 1993-1994 and May, 1996. the Defendants made numerous deposits with the Plaintiff banking institution with the anticipation of satisfYing said loans, 16, These payments included several significant cash deposits made from the sale proceeds ofthe Defendants' property at 203 Smith Road, Shippensburg. Cumberland County, Pennsylvania, 17, The deposits made from the proceeds 01'203 Smith Road. Shippensburg, were made on or about the following dates: On or about 9/25/95 , , , , , , , , . , , , , , , , . . , . . , , , , . , , , , " $15,000,00 On or about 10/14/95 ,.,., , , . .. , , , , , . . , . , . , . , . , , . , ., $20,850,00 On or about 11/1/95 , , , , . , . , . , , . . , , . . . , . . . , , , . , , . , .' $45,000,00 On or about 5/10/96 , , . , , , . , . , , . . , , , , . , . , , , , , . , , . . " $40,000,00 4 18, The Defendants believe that the deposits were being placed into an escrow account for ultimate satisfaction of some of the loans held by the Plaintiff. 19. Due to the numerous accounts opened with the Plaintiff, the numerous outstanciing loans, and certain missing records the Defendants currently are not in a position to specifically identifY all deposits which have been made, 20. As of May I, 1996. the Defendants were under the impression based upon representations made to them by the Bank's authorized agent Ralph Fetrow that their total level of indebtedness with the bank would be approximately $15.000 to $20,000, 21. . The closing on the 203 Smith Road property was scheduled for MayoI' 1996, 22, At that time. the proceeds from the sale had been fully rcceived by the Defendants and deposited with the Plaintiff. 23, Defendants informed the bank of the closing date and need to consummate the transaction, 24. Facing the closing deadline and obligation to convey title to the purchaser, Defendants were informed for the first time that their level of indebtedness with the Bank was significantly higher than they had been led to believe, 25, Defendants demanded an explanation from the Plaintiff's agent, Ralph Fetrow, as to the disposition of the funds they had deposited with the Bank. 26, Ralph Fetrow failed to provide such an explanation and further stated that in order for the closing to go ahead as scheduled. it would be necessary for the Failors to take out the loan which is the subjcct of this lawsuit secured by another piece of property with the proceeds to go to satisfY 5 ~, <1' .~ ~'.., ,.~. 1-: 1- - .. " .. ' . (.... t~l. .- l,);' c..L..," (-:. u ~ ,- I ~ ~: ,- -, \~ (..0 i ,. c;;.: I' ,- U ~. '._;' >- ,.... G O' Ir. ,e " 1-: r. :~~~ UJQ u~ ,,- p- ....... 0::.... ....,; , r' .l:"'_J ~~. , ~ "., .:['1 -*,t: C'-l --;~.. ff!l! . . ~ j 1 i.c, ==: ~ i:Jo_ ~ ..., ..i: 15 ,.... ~ ~ '" U 2. Contrary to Pennsylvania RUle of Civil Procedure 1019(a), Defendants I New Matter fails to set forth sufficient material facts, which constitute the grounds of the Defendants' claim. 3. The Defendants have not set forth sufficient material facts as to how Plaintiff forced the Defendants to take out the $31,000.00 loan, which is the subject of this matter. 4. The Defendants have not set forth sufficient material facts as to how the Plaintiff could preclude settlement on the real estate located at 203 Smith Road, Shippensburg, Cumberland County, Pennsylvania. 5. The Defendants have not set forth sufficient material facts as to how the Plaintiff coerced the Defendants into executing the Note under duress. 6. Defendants have failed to comply with Pennsylvania RUle of civil Procedure 1019; therefore, Defendants' New Matter should be stricken. WHEREFORE, Plaintiff CoreStates Bank, N.A., successor by merger to Meridian Bank, respectfully requests that this Honorable Court grant its Preliminary Objections in the Nature of a Motion to Strike for failure to comply with Pa.R.C.p. 1019 and to order the Defendants' New Matter stricken. II. PLAINTIFF'S DEMURRER TO DEFENDANTS' NEW MATTER 7. Defendants' New Matter alleges that the Plaintiff required the Defendants to execute the Note as a precondition to 2 115537.1 consenting to the sale of 203 Smith Road, Shippensburg, Cumberland County, Pennsylvania. 8. Even if the Plaintiff imposed such a requirement, the Defendants have not set forth that the Plaintiff was not entitled to do so or that such a requirement was unreasonable. 9. Even if the Plaintiff imposed such a requirement, the Defendants have not set forth that they did not benefit from this loan or receive the proceeds from this loan. Furthermore, the Defendants could have immediately paid-off the loan after settlement with the proceeds from the loan. 10. Even if the Plaintiff imposed such a requirement, the Defendants have not set forth that they did not agree to make the payments required by the Note and that they are not now delinquent on these payments. 11. The matters set forth in Defendants' New Matter are not a proper defense to the matters set forth in Plaintiff's Complaint, as the Defendants have not set forth that the Plaintiff was not entitled to impose such a requirement, that the Defendants did not receive the benefits and proceeds from the $31,000.00 loan, and that the Defendants are not now delinquent and in default of this obligation. 12. The averments set forth in Defendants' New Matter are legally insufficient as a defense to the matters set forth in Plaintiff's Complaint. WHEREFORE, the Plaintiff, CoreStates Bank, N.A., successor by merger to Meridian Bank, respectfully requests this Honorable Court 3 115537.1 to grant its Preliminary Objections in the nature of a demurrer and to dismiss Defendants I New Matter to Plaintiff I s Complaint for failure to state a legally sufficient defense. III. PLAINTIFF'S PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION FOR MORE SPECIFIC PLEADING WITH REGARD TO DEFENDANTS' NEW MATTER 13. In the alternative, if this Court finds that the Defendants' New Matter should not be stricken for failure to comply with Pa.R.C.P. 1019 or that Defendants' New Matter sets forth a legally sufficient defense, Plaintiff requests that the Defendants be required to file a more specific pleading. 14. Defendants' New Matter fails to state with specificity: (a) the specific facts and circumstances of the closing scheduled for May 10, 1996 on the property located at 203 smith Road, Shippensburg, Cumberland County, Pennsylvania; (b) the specific facts and circumstances regarding the Defendants' allegations that the Plaintiff demanded that the Defendants take out the $31,000.00 loan, evidenced by the Note; (c) the specific facts and circumstances as to how the Plaintiff could preclude settlement on 203 smith Road, Cumberland County, Pennsylvania; and (d) the specific facts and circumstances regarding the Defendants' allegations that the Plaintiff coerced the Defendants to execute the Note under duress. WHEREFORE, the Plaintiff, CoreStates Bank, N.A., successor by merger to Meridian Bank, respectfully requests this Honorable Court 4 115537.1 >- (" '- (oO rr; L.~ , .1~ t-~ ;~ :' u.Jr,~ : ~,~~: " -' ,', l'o" {;.. ~. " "J C'\ ' "C l'" " :' G~l ~ " --. , I " r- (,j 0 (J~ 8, The averments contained in ~8 of the PlaintiIT's complaint constitute conclusions of law to which no response is required, In the event they are determined factual in nature, they are denied as stated, By way offurther answer, shortly after May 7, 1996, the Failors became concerned that certain of their funds deposited with the Plaintiff were misapplied and/or misappropriated, As a result ofthcsc concerns. the Failors sought from the bank an explanation regarding the location of their funds as well as the level of indebtedness purportedly claimed by the bank, To date. the bank has failed to produce this explanation, As a result of the bank's failure to address the Failors' concerns regarding the location and application of certain funds, it is admitted that the Failors have not made a payment to the May 7, 1996 loan since August, 1996. However, it is denied that any such payment is due until the bank can justifY the use and location of the Failor's and depending on the determination of the ultimate disposition of the Failor's funds it is denied that they are in default. By way of further answer, it is averred that the Defendants made all required payments from May 7, 1996 through August IS, 1996, 9, Denied as stated, It is admitted that on January 24, 1997 certified mail addressed to the Failors was apparently accepted by one Curtis Bear as evidenced by the documentation attached as Exhibit "E" to the's complaint, By way of further answer, it is noted that at the time of the Plaintiff's purported issuance ofthe Act 91 Notices that the parties were already involved in litigation in this court, 3 -- <'I , .. tr; V;; < ., t..: . \J,(1 (.~ (.~i:' ...-: H-:" l.':'~ .1 .::,1 C,.'(. (t., 0' ('.: Lt', , --', (i. , '. .. i: ,. I.: , ) <..' c-~ \ ,