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HomeMy WebLinkAbout94-04850 ~ j ~ . ~ ~ J l a 0: < . , " I II fl j", , 1 , ' ( l " " I~' A . " ~ , " " . ' F'~ ~ ',~ ,i , 'j " II > ,If, ,:'.hl~ 1,1 J,', ~ ,,' 11 ~ m 'II ,It \ , q t , f~ " .' ~ ~~ ~ '!~ " I I I , ,i. , , , ~ 1 , I , / / \,1 ,'.... ',,1 ~.......,..t , I ,..', , BY tG'NE tJO HEI fHE WI rHIN rn IIINO..\I\I.'\N, I lESS, COBl.ENTZ & IIEl.L ~'JPY'," ,nl'OlN. I <, Q~j .'\ I 'fille '~~ll/njl ( IllplJrillh III .' 660 PENN SQUARE CENTER' 601 PENN STREET. PO. BOX. . -~'. ^ READING. PENNS.vL:VANlA 19603.0061 (610) 374.8377' FAX <t510) 376.)106 " ~C~ TO ~-t ... (', i ! T,J..~ , ,\ >,1-. ,. lWh; r ~\. '-1 , " , , " .. , ", ,. " I,', ~ . .. .,- " . . . III TB. COURT or COMMON PLBAS or CUMBBRLARD COUBTY, 'BMK8YLVABIA MeRIDIAN MORTGAGE CORPORATION, Plaintiff NO. qlt~ #-Jj'!J OML,-t:1lA.A~"- CIVIL ACTION - LAW va. c r c c c c c c ROLAND G. C. YOUNG, JR. and VICTORIA L. FULKROAD, Defendants NOTIC. 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 after this Complaint and Notice are aerved, 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 judqment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or ...eli.f requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 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. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse One Courthouse Square TRUE COPY FROM RECORD. Carlisle, PA 17013 he..... Ih to P"t my hwephone: (717) 240-6200 In Testimony W . lIUl , ere un iN and t It of said 0 t Carlisle, '" 'I. Th' (, day of .19 ,II If' :"-... c ,~ r--....~ ~. r..,; .e 0"0 - .~ ~'; . LD .c.. I. ~.. COUR~ or COMMON PLIAS or CUMBIRLABD COUNT!, PI.-SILVANIA KBRIDIAN MORTGAGE CORPORATION, Plaintiff NO. CIVIL ACTION - LAW v.. I I I I I I I I ROLAND G. C. YOUNG, JR. and VICTORIA L. PUL~ROAD, Defendants COMPLAIIfT 1. Plaintitt is the Meridian Mortgage Corporation with it. office located at Two Devon Square, 755 West Lanca.ter Avenue, P.O. Box 6800, Wayne, PA 19087. 2. Defendant., Roland G. C. Young, Jr. and Victoria Fulkroad are adult individuals residing at 201 Allendale Way, Camp Bill, PA 17011. 3. On or about April 28, 1989, Defendants, executed and delivered to Meridian Mortgage Corporation, a Note in the original principal amount ot $100,000.00 (the "Note"). A true and correct copy of the Note i. attached to and incorporated by reference in this Complaint as Exhibit "A". 4. The Note is aecured by that certain Mortgage executed and delivered by the Detendants to Meridian Mortgage Corporation dated April 28, 1989 filed on May 1, 1989 at Volume 937, page 349 n ~., Cumberland County Records (the "Mortgage") which Mortgage i. incorporated herein by reterence and any judgment in this action .hall relate back in priority to the date of the lien of the Mortgage. 5. The Plaintiff hu not auigned the Note and 11 the holder thereot. 6. The Detendant. defaulted with regard to the Note and related loan documents in that the Defendant. failed to pay when due the monthly installment. from November 1, 1993 to date. 7. Pursuant to the Homeowner. Emergency Mortgage A..i.tance Act of 1983, written notice of coun.eling wa. given to the Defendant.. A copy of the dore.ald notice. ot coun.eling i. attached hereto, marked Ex~ibit "8" and incorporated herein by reference. Plaintiff avers that the Defendants failed to meet the time limitation. for the opportunities .et forth in .uch Act 91 or did not qualify for .uch a..i.tance. 8. Pur.uant to Act of January 30, 1974 P.L. No.6 (41 P.S. 101 nug.), wlitten notice of intention to foreclo.e wa. given to the Defendants by certified mail. A copy of the afore.aid notice of intention to foreclo.e i. attached hereto marked Exhibit "C" and incorporated herein by reference. 9. The Defendant. are liable to the Plaintiff under the Note and related loan document. a. follows: (a) Unpaid principal (b) Intere.t at the rate of 11.65' per annum to 7/20/94 ($27.13 per diem) (c) Late charges at the rate of 5' per delinqu.nt monthly $ 85,686.16 8,124.89 - 3 - 13212.1 Roland G. YounS, Jr. . lIKe 110671768 2 Februa~J 8, 1994 IHPORTAIITI .Ll.ASlt Il!:AD THOROUGIILYI I The name(.) .nd addre..(..) of de.ignaced con.umer cr.dlc asencie. in your area can be found on che .ncloeed liacins. Ic i. only n.c....ry Co .chedul. one fac.-co-face meeclns. You .hould advi.e thi. lender immediacely of your intention.. If you h.ve trled and are unable co re.olve thi, problem at or afcer your face-to-face meecins, you have che risht to apply for flnancial a..i.canc. from the 1I0m.owner'. Emersency Mortsase A..i't.nce Fund. In ord.r to do thi" you mUlt fill ouc, aign and file a complec.d Homeown.r'a Emersency Mortsese AI.i.cance epplication wich one of the de.ignated cOl\.lumer cradit cOUMelins esenci.. raferred to above. The con'WIIer creeUt .-.--.- counal11nl allnc:.y will ...l,t you with f1111nc out your application and ... a"'M'" --.--.... will .ubmic your compleced epplication to the hnruylvania 1I0usins Finance Asency. Your application must be filed or pOltmark.d wi chin thirty (30) day. of your face,co-face me.cins. You ~c eicher mail your application to the Penruylvania Housins Finance Asency or you mUlc file it at the office of one of che de.irnated cOnlumer credic counaelins asencie, li.ted on the enclo.ure. It i. extremely important that you file your applicacion promptlyl If 70U do not do '0, or if you do not tollow the other time period. .et forch in thi. letter, torecloaure may proceed a.ain't your home immediately I Available fund. for emersency mortsase a,si.tance ar very limited. They vill be disbur..d by che agency under the elisibilicy criteria established by the "Act." Ic is extremely importanc that your application be accurate and complece in every re.pecc. The counaelins asency will help you to fill out the .pplication. The Pennsylvania 1I0usinl Finance Asency ha. sixty (60) days co make a decision .ft.r ic receives your application. Curins that addicional time. no foreclosure proceedings will b. pursued against you if you bave met the time r.quir.ments .et forth above. You will be notified directly by the agency of ics decision on your application. .... The PENNSYLVANIA HOUSING AND FINANCE AGENCY is locaced ac: 2101 North Front Str.ec P.O. Box 8029 lIarri.burs. PA 1710' (717) 780-3800 (800) 342-2397 (Toll Free) In addition to thi. Notice, you will receive another nocice from this lender under Acc 6 of 1974. Thac notice i. called the "Notice of Intention to For.close MortSaSe.. You musc read both notices, sinc. chey both explain rilhts that you have und.r '.nnsylvania la.. However, if you choo.e to exerci.e your riShts as described in this Notice, we cannot Victoria L. Fulkroad , HMC q0671768 2 February 8, 1994 roO~.':.l.'i'r: rL!ASE lEAD THOROUGHLY I I The name(.) ane ade:I.I(al) of deeignated conlumer credit a.enciee in your aria can be fo~d o~ tha InclOled li.tin.. It i, only necllla~: to Ichldule one facl-to.face mlltin.. You ,hould advi.. thh lander l.:media:lly of your intlntioll.l. If you havI trild a~d ara unabla to rl,olvI thil problem at or aftlr your facI.to-face mlatinl, you havI the ri.ht to apply for financial a"i'tancI from thl 1I0mac~~ar'. Emlrsency Mortsa.e AI,i'tance Fund. In ordlr to do thi" you ~: fill out, lign and file a completed Homeowner', !IIl&rsency Mort.,se "..i,;a..-:cl Ipplication With one of thl duipated conaumer crldit counaelinl '1Incie, refarred to above. The coneumer credit coun,elin. a.lncy vill ..,i.t you with fill in. out your application and will ,ubmit your completad application to the renn'ylvania HOUlins Finance '--' -, Asency. Your application IIIUIt bl fUed or *,o.tlIlarked within thirty (30) day, of your face-to-face mutin.. ' You mu't lithlr lII&il your application to the rlnnaylvania HaUl in. Finance A.lncy or you IIIUI: file it at the office of ona of the de,ipated conaumer cradit counseli:s aSlncie' lilted on the encloaure. It i. astremely 1:por:ant that you tila your application promptly I It you do not do '0, or it yqu do not tollow the othar tima perioda 'It torth in this llttlr, torlclo.ure IDlY proceed asatn't your homl immldiatlly' Availabla funds for emarSlncy mort.a.a a.ai'tance ar Vlry limitad. Thay will ba diabur.ed by the Isancy undar tha alisibility critlria ..tabl1.hld by thl .Act.. It h Ixtremely 1IIlpor-.:ant that your application ba accuntl and cOlllplate in IVlry ruplc:. Thl coun..lin. aSlncy 'Jill hllp you to till out thl application. Thl PI~:lvlni. Housin. FinancI A.lncy ba. ,ixty (60) day. to III&kl a decision a!:lr it reclivl' your application. Durin. that additional time, no foreclo.ure proclldin.a vill " purauld I.ainet you if you bavI mlt the ticl rl~~irlllllnta aet torth above You will bl notifild directly by thl all:cy of ita dlciaion on your application. ... Thl PENNSYLVA.'iIA HCt'S:i:~G ,L'ro FINANCE AGENCY h locatld It: 2l0l ~orth Front StreIt ? .0. Box 8029 Earrisburs, PA 17105 (717) 780-3800 (800) 342.2397 (ToLL Frea) In addition to thia ~oticI, you vill rlceivl anothlr noticl fro. thi. landar under Act 6 of 19;4. That noticl 11 callld the "Noticl of Intantion to Forecloaa MortSISI." ,ou ~t rlad both noticea, aincI thlY both axplain rishta tha: you havI undlr rlnneylvania la.,. Howlvlr, if you choo,a to aXlrcial yo .1ghts la dl.cribld in this Noticl, .,1 cannot Vletarla L. Fulkra.d . lIKe 10671768 3 F.bruary 'i 1994 for.ela.. upan yau durinl chac cim.. Al.a, it you r.e.lv. finanei.l a..l.tane. fram ch. '.nn.ylv.nia HaUlinl Finane. AI.ney, yaur ham. eannat b. far.ela..d upan whil. yau ar. r.e.ivinl a..l.t.ne.. v.ry cruly yar ~ -- 1- "~A .!M:I...-" / \. ~11 7'-'". 7' v......'wI.......,1( Eric. I.M.tt I D.fault S.rvielns u/tIIt , . ... - _. ..... '. ,.. ,.. ... .-....-.-....... .. ,.,. ...1.'.....,. " ,...' ...,.... -..-..........-, '.----- -----.- .............-.....-....-...--..---,---.-.-..----- ...-.-.,......-..-~......_...,'__.....'.'.......r~. ,.,...... .,... ._'.. _.. ..,_...__ . .. ... . .. ..... " " ... , , .. , .. .. i " .. - - - - .- .-.- - - - Roland G. Young. Jr. IIMC 00671768 2 February 8, 1994 atarc a law.uit to torlelo.e YQur mortSlsed propercy. It the morcsa.e ia torleloaed, your mortSISld proplrcy vill be aold by the aheritt to pay ott tbe morcsase dlbc. I! ve re!er your ca. I to our attorney., but you cure the dl!ault bl!orl th~y bagin legal proeledins. againat you, you vill atill have to pay thl rla.onable attorney" !ee. actually incurrld, up to $50.00. However, i! llsal proclldins. are at.rtld asainat you. you will have to pay reaaonabla attorney'. !II. even it thlY exceed $~O.OO. Any attorney'a te.s vill be added to whatever you owe us, vhieh may also include our rlaaonable coat.. IF YOU CURE THE DEFAULT \/ITHIN THE TIlIRTY (30) DAY PERIOD, YOU \lILL NOT BE llEQUIRED TO PAY AT'rOR..'1EY'S FEES. w. lilY also sue you personally tor the unpaid principal balance and all . -.- --- - . other aUlU due undlr thl m~rtsage. .... . It you have not cured che default within the thirty (30) day period and torecloaure proceedins. have begun, you .till have the risht to cure the detault and prevent the aale at any time up to one hour before the sherit!'a torlclo.ure sall. You may do '0 by payins the total amount at the unpaid monthly paymlnt. plus any latl or other charse. then due, as v.ll aa the rla.onable attorn.y'a tll' and costs conn.cted with the tor.cloaur. aale. It i. I.tiuted thlt the .arlie.t date that such a ah.ritt's aale could be hlld would be approximately aix (6) months tram now. A notice o! the dati a! the .hlri!!'a sale will be sent to you b.for. the sale. Of course, the &IIlount needed. to .cur. .the d.fault will incr.... ., - the lons.r you wait. You may find out at any time .xactly what the r.quired payment will be by calling us at this numb.r: 1.800.223.7061. This paym.nt ~t be in the form of a ca.hi.r'a check, certifi.d check or money ord.r and be made payable to Meridian Mortgag. Corporation at the addreas stated on the front of this Notica. You should realize thac a sheriff's sale will .nd your ownership o! the mortgas.d proper~1 and your right to rlmain in it. I! you continue to live in the property after the sheriff's .ale, a lawsuit could be startld to evict you. You bav. additional rights to help protlct your intenst in the prop.rey..... YOU HAVE 'tHE RIGHT to SELL THE PROPERTY TO OBtAIN MONEY to PAY OFF THE MORTGAGE DEBt, OR TO BORROlol MONEY FROM ANOTHER LENDING INStItuTION TO PAY OFF THIS DEBt. YOU MAY HAVE THE RIGHT to SELL OR TRANSFER 'tHE PROPERTY, SUBJECT to 'tHE TlWIS OF 'tHE MORtGAGE. TO A BUYER OR TRANSFEREE \/IlO IlILL ASSUME THE KORTGAGE DEBT. PRO'lIDED THAT ALL OF TIlE OUTSTANDING PA'iMENTS, CHARGES, AND ATtOaNEY'S FEES AR! PAID PRIOR TO OR AT THE SAU:. CONtACT US TO DEtERMINE UNDER IlHAT CIRCUMStANCES THIS RIGHT MAY EXIS!. YOU HAVE 'tHE RIGHT to HAVE THIS DEFAULt CUIWl BY ANY 'tHIRD PARTY ACtING ON YOUR BEHALF. Victoria L. Ful~road IIMC /,10671768 2 F.bruar/ 8. 1994 .tart a law.uit to torlcloll your mortSls.d property. It the mortsas. i. tor.clo..d, your mortsaSld propercy will bl .old by ch. .hlritt to pay ott the mortsas. dlbt. I! w. rl!lr your c.se to our attorneys, but you cur. the dl!ault before they begin legal proc.ldins, .Slinst you, you vill .till have to pay thl r.aaon.ble attorney'a fll. actually incur rid , up to $50.00. How.v.r, if l.sal proc..ding. arl Itartld ag.inst you, you will have to pay r..aonabl. attorney'a f... Iv.n i! th.y .xee.d $~O.OO. Any attorn.y'a f... vill b. add.d to whAtevlr you owe U., which may al.o include our realonabla coats. IF YOU CURE THE DEFAULT IlITHIN THE THIRTY (30) DAY PERIOD, YOU IlILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. Il. may alia su. you personally for the unpaid principal balanc. and all -.- -. -- .... -. oth.r .ums due und.r the mortsag.. . . - . ". .. _4_ __.___..__.._ . . -.--- .> It you have not cur.d the dlfault within the thirty (30) day p.riod and tor.clo.ur. proc..dings havI begun, you .till have the right to cur. the d.!ault and prlv.nt the .all at any timl up to on. hour before the .heri!t'a for.clo.ur. .ale. You may do .0 by paying the total amount of the unpaid monthly paym.nts plus any lat. or oth.r charg.. th.n du., aa w.ll a. the r.asonabl. attorn.y'. te.. and coata conn.ct.d with the tor.clo.ur. .all. It i. ..timat.d that thl .arli..t dat. that .uch a ah.rit!'. ..1. could b. h.ld would b. approximat.ly aix (6) months from now. A notic. of the date o! the ahari!!'. aal. will b. ..nt to you b.for. the .al.. Of cours., the &IIlount n..ded'to cur. the d.fault will incr.... the long.r you wait. You may tind out at any time .xactly what the r.quir.d payment will b. by calling us at this numb.r: 1.800.223.706l. this paym.nt muat b. in the form of a cllhi.r'. ch.ck. c.rti!i.d ch.ck or mon.y ord.r and b. mad. payable to M.ridian Mor~gag. Corporation at the addr..a .tated on the front of this Notic.. You should r.aliz. that a .herif!'. aal. will .nd your ownorship of the mortgag.d prop.rty and your righc to rlmain in ic. If you concinu. to live in the property aft.r the shlriff'. sal., a lawsuit could be started to .vict you. You have additional rights to h.lp protect your inter. at in the prop.rty. .... YOU HAVE 'tHE RIGHT TO SELL TIlE PROPERTY TO OBTAIN MONE"l TO PAY OFF THE MORTGAGE DEBt, OR TO BORROIl MONEY FROM ANOTHER LENDING INStItuTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE R~GHT TO SELL OR TRANSFER THE PROPERTY. SUBJECT TO tHE TlWIS OF 'tHE MORTGAGE, TO A BUYER OR TIl.ANSFEllEE \/IlO \JILL ASSUME THE MORTGAGE DEBT, PROVIDED t'HAT ALL OF THE OUTSTANDING PAYMENTS. eHAll.G!S, AND ATTOaNEY'S FEES AltE PAID PRIOR TO OR AT THE SAU:. CONtACT US TO DETDHINI UNDER IIIlAT CIRCUMSTANCES THIS RIGHT MAY EXIST. YOU HAVE 'tHE RIGHT TO HAVE TIlIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. IU~...,,! I '.~ . .. TO ijl . t')l(T// I t ~ . YOU AilE E~EB',I tl'JTlFIEU 1'0 FILE '. B IB l A W~~lrTEtJt'1E~P..tj~~ 1'-.,.i lt~E ' . ~. . IN'.LO'Et r 0 I ~ ~' )f, Wln41N TWittj r 'T r. F""t' SO"'",, HEn 'J,-~" '~"'/J BINO..\l\I..\N. I lESS, 1:1 lBI.ENTZ &. BELL ~~"'8EEtjf .. ~~r'Ir.t~~"-~i"JJ"_.R. .\lltlltl'~~IIIIl"I( llt!lllrdllll!l T( .tll:~t./J, ~O PENN SQUARE CENTER' 60t PENN STREET' PO BOX 61 READING. PENNSYLVANIA 19603.0061 (610) 374.8377' FAX (610) 376.3106 ~HEn "THE HI I. I!1fV OF; ROLAND G. C. YOUNG, JR. and VICTORIA L. FULKROAD, Defendants X. TBI COURT or COMMO. .LIAS or CUMlIRLABD COUMTt, .IKNSILV.-XA MERIDIAN MORTGAGE CORPORATION, I NO, 'lit, IIJ'J(I (( .{}it,) Lt.~ Plaintiff I CIVIL ACTION - LAW I I I I I I v.. NOTICI 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 after this 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 lIO the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or 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 PAPER 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. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse One Courthouse Square TRUECOPV FROM RECORD_, Carlisle, PA l7013 III TestIlIlOll7 whereof, I hereunto set my /likephone: (717) 240-6200 IIld t ...1 01 1cI~ Carllsl8'L T I ((( 19' I.. ( , _L?u r'9' ry '-J 0 II TII COURT or COIOlOlf PLIAS or CUMBIRLAlfD COUlf'rY, PID.n.VIUIIA MBRIDIAN MORTGAGB CORPORATION, Plaintiff NO. CIVIL ACTION - LAW vs. I I I I I I I I ROLAND G. C. YOUNG, JR. and VICTORIA L. FULKROAD, Defendants COMPLAIlfT 1. Plaintiff is the Meridian Mortgage Corporation with it. oftice located at Two Devon Square, 755 West Lancaster Avenue, P.O. Box 6800, Wayne, PA 19087. 2. Defendants, Roland G. C. Young, Jr. and Victoria Fulkroad are adult individuals residing at 201 Allendale Way, Camp Hill, PA 170l1. 3. On or about April 28, 1989, Defendants, executed and delivered to Meridian Mortgage Corporation, a Note in the original principal amount of $100,000.00 (the "Note"). A true and correct copy of the Note is attached to and incorporated by reference in this Complaint IllS Exhibit "A". 4. The Note is secured by that certain Mortgage executed and delivered by the Defendants to Meridian Mortgage Corporation dated April 28, 1989 filed on May 1, 1989 at Volume 937, page 349 n 1ISI., Cumberland County Records (the "Mortgage") which Mortgage is incorporated herein by reference and any judgment in this action sh.ll relate back in priority to the date of the lien of the Mortgage. 5. The Plaintiff haa not auigned the Note and h the holder thereof. 6. The Defendants defaulted with regard to the Note and related loan documents in that the Defendants failed to pay when due the monthly installments from November 1, 1993 to date. 7. Pursuant to the Homeowners Emergency Mortgage ASliltance Act of 1983, written notice of counleling was given to the Defendantl. A copy of the aforesaid notices of counleling i. attached hereto, mllrked Exhibit "B" and incorporated herein by reference. Plaintiff avers that the Defendants failed to meet the time limitations for the opportunities set forth in luch Act 91 or did not qualify for such assistance. 8. Pursuant to Act of January 30, 1974 P.L. No. 6 (41 P.S. 101 !l.!i ug.), written notice of intention to foreclole wa. given to the Defendants by certified mail. A copy of the afore. aid notice of intention to foreclose is attached hereto marked Exhibit "CO and incorporated herein by reference. 9. The Defendants are liable to the Plaintiff under the Note and related loan documents as followsl (a) Unpaid principal (b) Interest at the rate of 11.65' per annum to 7/20/94 ($27.13 per diem) (c) Late charges at the rate of 5' per delinquent monthly $ 85,686.16 8,124.89 - 3 - UUJ.I Rol.nd G. Young, Jr. . IIMC 10671768 2 February 8, 1~94 IMPORTANT: PLEAS! lEAD THOROUGHLY I I The namo(s) and addrea.(ea) of dl.isnated conaumer credit agencie. in your area can be found on the enclo.ed listing. It ia only necIlsary to schedule one tace-to.face melting. You .hould advise thia lender imm.diately of your intentions. If you have tried and arl unable to re.olve this problem at or after your face-to-!ace m..ting, you have the riSht to apply for financial a.sistance from the Homeowner's Emergency Mortgage Assistance Fund. In ordar to do this. you must fill out, sign and file e complated Homlowner'. Eaersency Mortgage Assistance application with one a! the designat.d conaumer credit counaeling asencies referred to above. The con.umer credit. coun.eling agency will assist you with filling out your application and .vlll .ubmit your completed application to the Pann.ylvenia Housing Finance -----. Alency. Your application Qust be !iled or postmarked within thirty (30) day. ot your face-to-face meeting. You must either mail your application to the Pennsylvania Houaing Finance Agency or you must file it at the o!!ice of one a! the designated consumer crldit counslling agenciea listed on the enclosure. It i. Ixtremely important that you file your application promptlyl If you do not do '0, or if you do not follow the other time perioda s.t forth in thia letter, toreclo.ure may proceed asainst your home immediately I Available funds for emergency mortgage asaiatance ar very limited. They will be disbursld by the agency under the elisibility criteria established by the "Act." It is extremely important that your application be accurate and complete in every reapect. The counseling agency will help you to fill out the application. the Pennaylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your a~plication. During that additional time, no forecloaure proceedings will be pursued against you if you have met tha time requirementa .et forth above. You will be notitied directly by the agency of its deciaion on your application. .... The PENNSYLVANIA HOUSING AND FINANCE AGENCY is located at: 2101 North Front Street P.O. Box 8029 Harrisburg, PA 17105 (717) 780-3800 (800) 342-2397 (Toll Free) In addition to this Noticl, you will receive another notice from thi. lender under Act 6 of 1974. That notice is called the "Notice a! Intention to Foreclo.e Mortgage." You must read both notices, aince they both explain righta that you have under Pennsylvania law. However, if you choo.e to exerciae your rights as de.cribed in this Noti~e. we cannot Meridl.n Morrg.g. Corpor.llon Two O.von Squlfl 744 We'l L.ne..lar Avenue P.O. BOM 8800 W.yne. PA 111087 (800) 223-70"1. (21 8) 117 HIOOO -. Meridian Mortgage February 8, 1994 Victoria L. Fulkroad 201 Allandale Way Camp Hill, PA 170ll R.: IIMC 00671768 Daar Victoria L. Fulkroad: llfPORTANT: NOTICE or HOH!OllllU! S 'EH!llClENCY 1l0J.TClAClE ASSISTANCE ACT OF 1983. PLUS! IUJ) THIS NOTICE. TOU HAY BE ELIGIBLE fOR rIlWICIAL ASSISTANCE TOIlAltOS YOO1l. 1l0l.TClAClE PAYH!NTS. Your mqrtg.se is in serioUl default becauII you have faUed to pay prompt inatallments a! principal and interest, aa required, for a period at at le..t .ixty (60) day.. Tha total amount of the delinquency is $5,859.76. This au. include. two (2) monthly payments at $l,422.00 each, two (2) monthly p.yments at $l,400.l7 each. late charge. totaling $2l5.42 and raturn check tee. of $0.00. You may ba eligible for financial assistance toward. your mortsaga paymanta if you comply with the provision. of the Homeowner'. Emersency Mortgage Aasiatanca Act of 1983 (tha "Act"). You may ba eligibla for emargancy temporary aaaistance if your dafault ha. baan causad by circumstances beyond your control and if you meet the elisibility requirlmants aa determinld by the Pennlylvania Housing Finance Agency. Plaa.e read all of this notice. It contains an explanation of your rishta. Undar the Act, you are Intitled to a tamporary .tay of foreclosure on .... your mortgage for thirty (30) day. from the date of this notice. Durins that tima, you hava the right to arrange a "face-to-face" meetins with thia lender or with a designated conaumer cradit counseling asency. The purpose of this maating is to attempt to work out a repayment plan or to otharwiaa .ettle your delinquency. That meating must occur within the naxt thirty (30) days. If you attend a facl-to-face meeting with this lender or with a conaumar credit coun.el1ng agency identitied in this notice, no !urthar procaadins in mortgage forecloaure may take placa for thirty (30) days from tha date of the meeting. Victoria L. Fulkroad lIMe "0671768 2 February 8, 1994 ~OR~~TI PLEASE Il.EAD THOROUGHLY I , the name (a) and add=6sl(es) of deaignated conlumer credit agencies in your area can bl four.d o~ .hl enclo.ed li.ting. It i. only n'cllaa~: co achedull ona fac..co.face meeting. You .hould advi.e this lander i:media.ely of your intentiona. I! you havI trild a~d are unable to re.olve this problem at or after your !ace-to-face melting, you have chi right to apply for !inancial as.istance from thl Hom.e~~er'a Emergency Mortg.ge A.ai.tance Fund. In ordar to do this, you mus. fill out, .isn and !ile a compleced Homeowner'. Emar.ency Mortg'SI Assiaeanee application with on. a! the designated conaumer credit counseling agencie. referred to above. The con.umar cred1t coun.alins asency will aaai.t you with tilling out your application and w111 .ubllit your complet.d application to the Pannsylvanb Houains Financa -----... -, Agency. Your application must be filed or po.tmarked within thirty (30) day. a! your fael-to-!ace meetins. You must eicher mail your application to the Pennaylvania Houaing Finance Asency or you muse file it at the office of one of the designated consumer credit counseling asencies li.ted on eh. Inclosure. It is extrlMIly ~portant that you f11e your application promptly I It you do not do '0, or if you do not follow the othlr time parioda aet forth 1n this letter, foreclosurl may proceed asa1nst your home immediately I Availabla funda tor emersency mortgase aaaistance ar very limited. Thay will be disburaed by thl agency undar the eligibility criteria astabliahad by the "Acto" It is axtrlmely imporeant that your application be accurate and complete in every respect. The counseling asency will help you to till out tha application. The Pe~~ylvania Houaing Finane. Agency has aixty (60) days to make a decision a::6r it receival your application. During that additional time, no forlclosure proceeding. will be pursued againa: you if you have met the time re~~irements .et forth above. You will be notified directly by the asency 0: its decision on your application. .... Tha PENNSYLV~~IA HCrS!~G AND FINANCE AGENCY is located at: ZlOl North Front Street ?O. Box 8029 :arri.burs. PA 17105 (717) 780-3800 (800) 342-2397 (Toll Free) In addition to this ~iotice, you will receive anothar notice from this landar undar Act 6 of 19;~. That notice is called the "Notice at Intantion to Foreclose Mortgage." 'au must read both notices, aince they both axplain riShts thac you ha',e under Pennsylvania law. However, if you choo.a to exercisl your rights as deacribed in this Notice, we cannot Roland G. YounS, Jr. IIMC 10671768 2 F.bruary 8, 1994 .tart a lawluie eo for.elo.e your moresaSld property. If the moresase i. toreclo.ed, your moreS'Sld prop.rey will bl .old by ehl .h.rit! to pay ott the morcsase dlbt. If we reter your ca.e to our attorney., but you cure thl default blfor. thlY begin l'Sll proc.edings asain.t you, you will .till have to pay th. r.asonable attorn.y'. fee. actually incurred, up to $50.00. How.vlr, it legal proceeding. .rl .tarted asain.t you, you will have to pay rea.on.ble attorney'. fie. even if they exc.ed $~O.OO. Any attorney'. t... vill be added to wh.tlver you owe us, which may al.o include our rea.onable co.ta. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU IlILL NOT IlE REQUIIlED TO PAY AT,OR.'lEY'S FEES. 11. DaY also .ue you peraonally for the unpaid principal balance and all oth.r .um. dUI undlr the mortsage. It you have not cured the default within thl thirty (30) day p.riod and tor.cloaure proceeding. have begun, you atill have the right to cure the detault and prevent the .ale at .ny time up to one hour betore the .h.rtt!' a toraclo.ura .ale. You may do '0 by paying the total. amount at the unpaid monthly payments plu. any lat. or other charge a then due, aa well a. the r.a.onabll attorney'a !eea and co.t. connlcted with the tor.clo.ure .ale. It i. e.timatld that the earlieat date that auch a .heri!!'a aale could be held would be approximately .ix (6) months tram now. A notice at th. date of the aheritf'. aal. will be ..nt to you b.tor. the .ale. Of course, the amount needed,cocur.Che dlfault will incr.a.. the longer you wait. You may find out at any time ex.ctly what the requirld payment will be by calling u. at this number: l-800-223-7061. This payment must be in the form of a caahier'. ch.ck, certified ch.ck or mon.y ord.r and be made payable to Meridian Mortgage Corporation at the addrea. stated on the front of this Notice. You ahould realize that a aheri!f'a aale will end your ownership of the mortgaged property and your right to r.main in it. I! you continue to live in the property a!:lr the sheriff'a sale, a lawauit could be started to evict you. You have additional righta to hllp protect your interest in the prop.rty..... 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 OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO 'tHE TERKS OF THE MORTGAGE, TO A BUYER OR TRANSFEREE 1lH0 WILL ASSUME THE KORTGAGE DEBT. PROVIDED THAT ALL OF THE OUTSTANDING PAYMENtS. CHARGES. AND ATTORNEY'S FEES AIt! PAID PRIOR TO OR AT THE SAU:. CONTACT US TO DEtERMINE UNDER IlHAT CIRCUMSTANCES THIS RIGHT MAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CUIWl BY ANY THlltD PARTY ACtING ON YOUR IlEHALF. Victoria L. Fulkro.d HMC 110671768 2 February 8. 1994 .tart a lawsuit to for.clo.e your morts.sed property. It the morcsase i. for.clo.ed, your morts..ed property will be .old by the .h.riff to payoff the mortsas. debt. If we refer your c... to our attorney., but you cur. the detault before thlY besin lesal proceeding. asain.t you, you will .till have to pay the rlesonable attorney'. fee. actually incurred, up to $50.00. How.var. if legal proclldings ara .tarted against you, YOII will have to pay r.asonable attorney'. fee. even if thlY exceed $~O.OO. Any attorney" t... will be add.d to whatever you owe ua, which may al.o include our rea.onabl. co.ta. IF YOU CURE THE DEFAULT IlITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT IlE llEQUlRED TO PAY ATTOIl.NEY'S FEES. Il. may al.o .ue you per.onally tor the unpaid principal balance and all oth.r .uma due under the mortsage. It you have not cur.d the default within the thirty (30) day period and tor.cloaur. proceeding. have begun, you .till have the risht to cure the datault and pr~vent the .ale at any tima up to on. hour before tha .h.rift'a toreclo.ure .ale. You may do ao by payins the total amount at the unpaid monthly payments plus any late or other charg.. then due, .. w.ll a. the reasonable attorney'a fees and coaca connected with the toreclo.ur. .ale. It ia eacimatld thaC the e.rlie.t data that .uch a .h.ritt'. .ale could be held would be approximately aix (6) months tram now. A notice of the date of the aherift'a aale will b~ .Int to you b.tor. the .al.. ot course, the amounc needed to cure the default will incr.... the lonser you vait. You may tind out at any time Ixactly what the requir.d payment will b. by calling ua at thia number: 1.800-223-7061. !hi. payment muat be in the form of a caahier'a check, certifild check or mon.y ord.r and bl made payable to Meridian Kortgage Corporation at the addre.a acat.d on the franc at this Notice. You .hould realize that a aheriff's sale will end your ownerahip of the mortgas.d propercy and your right to remain in it. If you continue to live in the prop.rty after che aheriff'a .ale. a lawauit could be .tarted to .vict you. You have additional rights to help procecc your interest in the prop.rty. .... YOU HAVE 'tHE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT. OR to BORROW MONEY FROM ANO'tHER LENDING INSTITUTION to PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY. SUBJECT TO THE TlWIS OF 'tHE MORTGAGE, TO A BUYER OR TRANSFEREE \/IlO IlILL ASSUME THE MORTGAGE DEBT, PROVIDED 'tHAt ALL OF THE OUTSTANllING PA'iMENTS, GHAIl.GES, AND ATTOIlNEY'S FEES AlE PAID PRIOR TO OR. AT 'tHE SAU. CONtACT US TO DETERMINE UNDza IlHAT CIRCUMSTANCES THIS RIGHT MAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR 1llHALF. , I " .' , , , ,..... J J.A..,...,! ;,;j , ~~CB BINO.-\M.-\N. HESS. COB1.ENTZ & BELL .'\ "t1llt'."S!I)Ihll ('lIrpl)ritllnn o PENN SQUARE CENTER' 601 PWN STREET' PO. BOX 61 READING. PENNSYLVANIA 19603-0061 (610) 374.8377' FAX (610) 376-3105 A TTO !Y '1. .' 1" l,''''f' ," " . " ,10' r , V . '.... ~ I. '.1 COUR' or COMMOK PLIAI or CUKBlaLAND COUKTI, PI..aILV..IA HBRIDIAN MORTGAGB CORPORATION, Plaintiff NO, '/1 1 j' I) (\ eu),:LJ /.A.-#- CIVIL ACTION - LAW VIS. I I I I I I I I ROLAND G. C. YOUNG, JR. and VICTORIA L. FULKROAD, Defendants KOTICI You have been sued in court. If you wish to defend againlSt the claime set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defensee or objectione to the claims eet forth against you. You are warned that if you fail to do so the case may procded without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICB SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouee One Courthouse Square TRUE COPY FROM RECORD Carlisle, PA 17013 In Testimony whereof. I here unto SIt mylNlMlephone: (717) 240-6200 and lhe at said Carlisle. PI.!. Thl II. day ( {l 19 11 '. X. TII COURT or COMMO. 'LIAS or CUMBIRLABD COUNTt, PI...tLVAaXA MERIDIAN MORTGAGB CORPORATION, Plaintiff NO. CIVIL ACTION - LAW vs. I I I I I I I I ROLAND G. C. YOUNG, JR. and VICTORIA L. FULKROAD, Defendants COMPLAIIIT 1. Plaintiff is the Meridian Mortgage Corporation with its office located at Two Devon Square, 755 West Lancaster Avenue, P.O. Box 6800, Wayne, PA 19087, 2. Defendants, Roland G. C. Young, Jr. and Victoria Fulkroad are adult individuals residing at 201 Allendale Way, Camp Hill, PA 17011. 3. On or about April 28, 1989, Defendants, executed and delivered to Meridian Mortgage Corporation, a Note in the original principal amount of $100,000.00 (the "Note"). A true and correct copy of the Note is attached to and incorporated by reference in this Complaint as Bxhibit "A". 4. The Note i. secured by that certain Mortgage executed and delivered by the Defendants to Meridian Mortgage Corporation dated Apr.il 28, 1989 filed on May 1, 1989 at Volume 937, page 349 n J.ISI., Cumberland County Records (the "Mortgage") which Mortgage is incorporated herein by reference and any judgment in this action shall relate back in priority to the date of the lien of the Mortgage. 5. The Plaintiff has not auigned the Note and 11 the holder thereof. 6. The Defendants defaulted with regard to the Note and related loan documents in that the Defendants failed to pay when due the monthly installments from November l, 1993 to date. '1. Pursuant to the Homeowners Emergency Mortgage Assistance Act of 1983, written notice of counseling was given to the Defendants. A copy of the aforesaid noticee of counseling is attached hereto, marked Exhibit "8" and incorporated herein by reference. Plaintiff avers that the Defendants failed to meet the time limitations for the opportunitiee set forth in such Act 91 or did not qualify for such assistance. 8. Pursuant to Act of January 30, 1974 P.L. No. 6 (41 P.S. 10l n .!.ISl.), written notice of intention to foreclose was given to the Defendants by certified mail. A copy of the aforesaid notice of intention to foreclose is attached ~ereto marked Exhibit .e" and incorporated herein by reference. 9. The Defendants are liable to the Plaintiff under the Note and related loan documents as follows: la) Unpaid principal (b) Interest at the rate of 11.65' per annum to 7/20/94 ($27.13 per diem) (c) Late charges at the rate of 5' per delinquent monthly $ 85,686.16 8,124.89 - 3 - 1I~1I.1 paymant aa provided in the Note 1568.76 (dl lacrow deficit 1,1552.16 (d) Attorney'a commi..ion at tha rate ot five (5') on the unpaid principal balance, aaid rate repre.enting rea.onable attorney'. feea under penn.ylvania law and authorized by the Note 4.284.31 TOTAL I $ 100,216.28 Plu. intenat at. the contract rate of 11.65' per annum ($27.73 per diem) from July 20, 1994 forward, costs of this suit and any additional escrow costs advanced for taxea and in insurance by Plaintiff . WHEREFORE, Plaintiff demands judgment againat the Defendant., Roland G. C. Young, Jr. and Victoria L. Fulkrcad in the amount of $100,216.28 together with costs, additional escrow costs advanced and intereat at the rate of 11.65' per annum ($27.73 per diem) from July 20, 1994 forward with the lien of such judgment relating back in priority to the date of the lien of the Mortgage. P.C. BYI r orne 601 Penn P.O. Box Reading, PA 19603 (215) 374-8377 Attorneya for Plaintiff - 4 - U2U.l Roland G. Young, Jr. . IIMC 0067lH8 2 February 8, 1994 IMPORTANT: PLEASE lEAD THOROUGHLY I I The name(l) and addrls.(e.) of delignat.d con.umor erldit aglnci.. in your area can be found on the enclo.ed li.ting. It i. only nece..ary to .chedule one face. to. face meeting. You .hould advi.e this lender immediately of your intention.. It you have tried and are unable to rlsolve this problem at or aftar your tace.to.f.ce meeting, you have the right to apply for financial .s.i.tance from the Homeowner'a Emergency Mortgage Aaaistanee Fund. In order to do thi., you muat fill out, .ign and file a completld Hom.owner'. Emergency Kortgage A.ai.tance application with one of the d..isnat.d conaumar credit counnling asenciu refured to above. The eonaumer credit. coun.aling agency will a..i.t you with filling out your application and will aubmit your completed application to the Penn.ylvania Hauling Finance ___, Alency. Your .pplication muat be filed or po.tmark.d within thirty (30) day. ot your face.to.tace meeting. You muat either mail your application to the Penn.ylvania Houaing Finance Agency or you muat file it at the offica of one of the designated conaumer credit counaeling asenciea list.d on the enclosur.. It ia extremely important that you tile your application promptly I It you do not do la, or if you do noc tallow the other time plriods aet torth in thi. lett.r, toreclo.url may proceed asainat your home immediatalyl Availabll tunda for emergency mortgase aaaistance ar very limited. They will be diaburaed by the agency under the aligibility criteria aatabliahed by the "Act." It is extremely important that your application be accurate and completa in IVlry respect. The counseling agency will help you to fill out the application. The Pennaylvania Houaing Finance Agency has .ixty (60) day. to make a decision after it receive. your application. During that additional time, no forlclosure procledings will be pursued against you it you hava mat the time requirementa aet forth above. You will ba notitied directly by the agency of its deciaion on your application. .... Tha PENNSYLVANIA HOUSING AND FINANCE AGENCY is locatld at; 2l0l North Front Street P.O. Box 8029 Harrisburg, PA l7l0~ (7l7) 780.3800 (800) 342-2397 (Toll Free) In addition to this Notice. you will receive anothlr notice trom this lander undar Act 6 of 1974. That notice is called the "Notice of Intention to Forecloae Kortgage." You must raad both notices, since they both axplain right. that you have under Pennaylvania law. Howlver, it you choo.a to exerciae your rights aa described in this Notic., we cannot Meridian Morlg.ge Corpor.tlon Two Oevon Squere 744 Welll.lneallar Avenue P.O. Box eeoo Weyne. PA 19087 (800) 223.toel. (21 e) 97HI000 _Meridian Mortgage February 8, 1994 Victoria L. Fulkroad 201 Allendala Ilay Camp Hill, PA l7011 Re: MMC 00671768 Daar Victoria L. Fulkroad: IMPORTANT: NOTIO! or BOKEOI/N!R'S 'IIIE1lGI!NCY KOITGAGI! ASSISTANGZ ACT or 1983. PLEASI! READ THIS NOTICE. YOU KAY Ill! ZLIGIIlL! FOR FINANCIAL ASSISTANCI! TOIlARDS YOlJll. KOITGAGI! PAYK!NTS. Your mqrtsage i. 4n .ariou. detault becau.e you have tailed to pay prompt installment. of principal and interest, a. required, for. period at at lea.t .ixty (60) days. The total amount of the d.linquency i. $5,859.76. This sum includes two (2) monthly payments at $l,422.00 each, two (2) monthly payments at $l,400.l7 each. late charge. totalins $2l5.42 and raturn check fees of $0.00. You may be eligible for financial assistance toward. your mortgage paymant. if you comply with thl provisions of the Homeowner's Emergency Mortgage Aa.i.tance Act of 1983 (the "Act"). You may be eligible for amarsency temporary assistance if your default ha. been cau.ed by circumatances beyond your control and if you meet the eligibility requirement. as determined by the Pennsylvania Housing Finance Agency. Pleasa rlad all of this notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary .tay of foreclosure o~ your mortgase for thirty (30) day. from the date of this notice. Durins that time, you havI the right to arrange a "face-to-face" maeting with thi. lender or with a designated consumer credit counseling agency. The purpose of thi. meeting is to attempt to work out a repayment plan or to otharwi.e .ettle your delinquency. That meeting must occur within the next thirty (30) days. It you attend a face-to-face meetins with this llnder or with a con.umar credit counseling aglncy identified in this notice, no furthar procaading in mortgage foreclosure may take placl for thirty (30) days tram the date of the meeting. Victoria L. Fulkroad , IIMC 110671768 2 February 8, 1994 mOR'!.L'i'1': PLEASE llEAD '1'HOROUGHLYI I the name(s) and address(es) of de.ignated consumer credit agencies in your area can be fo~d o~ the Inclo.ed listing. It i. only nec.ssa~; to .ch.dull one face-to-face meeting. You should advi.e this lender 1%med~a:ely of your intlntions. If you have trild a~d are unable to resolve this problem at or atter your face-to-face mllcing. you have the right to apply tor tinancial assi.tance from thl Hom.c~~.r's Emergency Mortgage AasistancI Fund. In order to do thi., you must fill out, .ign and file a completed Homeowner'. Emarsency Mortg.ge AssisCL~CI application with one of the designated consumer credit couna.lir.g agencie. retarred to above. Tha consumer credit counseling agllcy will asaist you with tilling out your application and v1l1 submit your completed application to the Pennsylvania Housing Finance .----. -. Asency. Your application must be filed or po.tmarked within thirty (30) day. of your fAce-to-fac. meeting. You must either mail your application to tha Pennaylvania Housins Finance Agency or you must file it at the office of one of tha dftsignated consumer credit counseling agencies listed on tha anclosure. It i. extrlmely ~portant that you file your application promptlyl If you do not do ao. or if yau do not follow thl other time perioda aet torth in this letter, for.closurl may proceed alain.t your home immediatalyl Available funda for .merg.ncy mortgage assistance ar very limited. Thay will ba diabursad by the ag.ncy under the aligibility criteria astablished by the "Act." It ia extrewely imporcant that your application be eccurata and complete in every r'~pac:. The counseling agency ~ill halp you to till out tha application. Th. PI~~ylvania Housing Finance Agency has sixty (60) day. to make a decision a::.r it reclives your application. During that additional time, no for.closur. proc.eeings will be pursued asainat you it you hava met the time r.~~irements set forth above. You will be notitied diractly by the agency 0: its deciaion on your application. .... Tha PENNSYLVA.'iIA HCl:5I~G k'lD FINANCE AGENCY is located at: 210l North Front Str.et ? .0. Box 8029 :arrisburg, PA 17105 (7l7) 780-3800 (800) 342-2397 (Toll Free) In addition to this ~oeic.. you will receiva .nother notice tram this landar undar Act 6 of 19i4. That notice is call ad the "Notice of Intantion to Foreclo.a Mortlagl." 'OU muse read both notices, sinca they both axplain rights that you have under Plnnsylvania law. However. if you choo.e to axarciae your r~ghts as deacribed in thi. Notice, we cannot - Roland G. Young, Jr. IIMC ()067l768 2 February I, 1994 .tart a l.w.uit to foreclo.e your mortg.sed property. If the mo~tgase 1. toreclo.ed, your mortgaged property will be sold by the .heriff to pay oft the mortsase debt. If we refer your ca.e to our attorney., but you cure the default before they begin legal proceedings .sainst you, you will .till have to pay the re.sonable .ttorney's fee. .ctually incurred, up to $~O.OO. However, if legal proceedings are .tarted .gainst you, you will have to pay r.asonsble .ttorney's fee. even if they exceed $50.00. Any .ttorney'. tees will be addad to wh.tever you owe ua, which may .lso include our reason.bl. cos ts, IF YOU CURE THE DEFAULT IlItHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOt IlE REQUIRED TO PAY ATTOR.'lEY'S FEES. Ile may also sue you personally for the unpaid principal bal.nce and all .....- other .UIDS due under the mortgage. . If you have not cured the dafault within thl thirty (30) d.y period .nd for.closure proceeding. have begun, you atill h~ve the right to cure the default .nd prevent the aale at any time up to on. hour before the sheriff'a foreclo.ure aale. You may do so by p.ying the total ImQunt of the unpaid monthly payment. plus any lAte or other charge. then due, aa w.ll as the re.aonable .ttorney's feea and costs connected with the torecloaure ..le. It is estimated th.t the e.rli.st date that .uch a ah.riff's s.le could be h.ld would be .pproximately aix (6) month. trom now. A notice of thl d.te of the sheritf's s.le will be sent to you before the sale. Of course, the amount nelded to ,cureth. default will incr.... the longer you w.it. You may find out at .ny time exactly wh.t the raquired payment will be by c.lling us et thia nUlDber: 1-800.223-7061. This p.yment must be in the form of . c.shier'. ch.ck. certitied check or money order .nd be made p.y.ble to Meridi.n Mortgage Corporation .t the addr.ss stated on the front of this Notice. You should re.lize that a sheriff's sale will end your ownership of the mortg.ged property .nd your right to remain in it. If you continue to live in the property after the aheriff'a sale, a lawsuit could be started to .vict you. You have .ddition.l rights to h.lp protect your int.reat in the prop.rty..... YOU HAVE THE RIGHT to SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROIJ MONEY FROM ANOTHER LENDING INStITUTION TO PAY OFF 'tHIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO THE TERMS OF 'tHE MORtGAGE, TO A BUYER OR TRANSFER.: Ii; 1lH0 IlILL ASSUKE THE MORTGAGE DEBT, PROVIDED THAT ALL OF THE OUTSTANDING PAYMENTS, CHARGES, AND AttORNEY'S FEES AR! PAID PRIOR TO OR At 'tHE SALE. CONtACT US TO DETERMINE UNDER IlHAT CIRCUMStANCES THIS RIGHT MI.Y EXIST. YOU HAVE 'tHE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. Victoria L. Fulkroad HKC "067l768 2 February I, 1994 .tarc a law.uit to foreclole your morts.sed prop.rty. If the mortsege i. forecloaed, your mortgaged property will bl .old by the .heriff to payoff the mortsase debt. If we refer your casl to our attorney., but you cure the detault before they blgin legal procledings againat you, you will still have to pay the reaaonabll attorney'a fee. actually incurrld, up to $~O.OO. Howaver, if legal proceeding. are .tarted againat you, you will havI to pay raa.onable attorney'. tela even if they .xce.d $~O.OO. Any attorney'. taa. will be added to whatever you owe ua, which may ala 0 include our re.sonabla cost.. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT IlE REQUIRED to PAY ATTORNEY'S FEES. Ila may ala 0 aua you peraonally for the unpaid principal balance and all .. othar .ums du. under tha mortgaga. It you have not cured the default within the thirty (30) day pariod and toreclo.ura proceedinss have begun, you .till have the right to cur. tha datault and prevent tha .ale at any time up to one hour before the shariff'a toreclosure sall. You may do .0 by payins the total amount at tha unpaid Monthly payments plua any late or other charges then due, aa wall a. tha reaaonable attornay'a fee. and coats connected with the toracloaura .ale. It i. estimated that the earlie.t date that such a .haritt'. eale could be held would be approxiMately aix (6) month a from now. A notice of the dati of the sheriff'. .ale vill be .ent to you batora tha .ale. ot course, the amount needed to cure the default will incraasa tha longer you wait. You may find out at any time exactly what the requirad payment will ba by calling us at this number: l.800-223-706l. Thia payment muat be in the form of a ca.hier'. check, certified check or monay order and be made payable to Meridian Mortgage Corporation at the eddre.. .tated on the front of this Notice. You .hould realize that a sheriff's .ale will end your ownerahip of tha mortgased property and your right to remain in it. If you continul to live in the property after the Iheriff'l aale, a lawsuit could be .tarted to avict you. You have additional rights to help protlct your interlst 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 PA.Y OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO 'tHE TERKS OF 'tHE MORtGAGE, TO A BUY".R OR TaANSFEREE \/IlO WILL ASSUME 'tHE MORTGAGE DOT. PROVIDED THAT ALL OF THE OUTSTANDING PAYMENTS, GHAIl.GES, AND ATTOaNEY'S FEES ARE PAID PRIOR TO OR AT THE SAU:. CONTACT US TO DEtERMINE UNDER IlHAT CIRCUMSTANCES THIS RIGHT MAY EXIST. YOU HAVE 'tHE RIGHT TO HAVE THIS DEFAULT CURED IlY ANY THIRD PARTY ACTING ON YOUR IlEHALF. ,-, Vlctoria L. Fulkroad HMC ,067l768 3 F.bruary 8, 1994 YOU HAVE THE RIGHT TO ASSERT IN ANY FOIl.ECLOSUIl.E PROCEEDING OR ANY OTHER LAIlSUIT INSTITUTED UNDER THE MORTGAGE DOCUKEN'l'S, THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU KAY HAVE TO ANY SUCH ACTION. If you cur. the d.tault, the mortgage wlll b. rastor.d to tha .... po.itlon II it no d.fault had occurrad. How.ver, you an not .ntitl.d to thil rilht to cur. your d.tault mar. than thr.. (3) tima. in any cal.ndar y.ar. It you ~aintain cr.dit life or di.ability insuranc. in conn.ction with your mortl.g. loan, your failure to PRY pr.mium. with your paym.nt. may hav. alr.ady r.ault.d or may r..ult in tha future in the lap.. or a canc.ll.tion of that insuranc. by the inauranc. company. It the insuranc. lap... or'i. canc.ll.d, r.inatat.m.nt of the lo.n will not rain.tat. the ineuranc., and you will have to apply to the inauranca company and qualify tor r.plac.m.nt insuranca it you wiah to maintain it. It you make partial paym.nta on account at tha d.linqu.nci.., M.ridian may acc.pt th.m and apply th.m to the dalinqu.nci... How.v.r. .uch parti.l paym.nt. vill not cur. your d.tault or r.in.tat. your loan unla.. w. rlc.iv. tha .ntir. ..aunt r.quirld to cur. the d.fault. KERIDIAN KORTGAGE CORl'ORATION (l..,.~-'O /) '. .~!( -- /i;:-" Eifca B.nn.,tt" . ....h ' Talaphona No.: (800) 223.706l C.rtitlad Mail and R.sular Mail * * * AVISO IMPORTANTE PAM LAS PERSONAS QUE RABUN ESPANOL * * * ISTA 1I0TIFICACION ES DE SUMA IKPORTANCIA, PUES AEECTA SU DERECHO A COIITINUAIl. VIVIENDQ EN SU CASA. SI NO COKPRL'lDE EL COIITENIDO DE ESTA CARTA', OIlTENGA UNA TIl.ADUCCION IHMEDIATAKENtE. ROLAND G. C. YOUNG, JR, and VICTORIA L. FULKROAD, Defendants IN TII COURT or COMMON 'LIAS or CUMBIRLAHD COUNTY, .I..SYLVANIA MERIDIAN MOR'rGAGE CORPORATION, I NO. 1'1 1 J'J () {I(.-'.~(_t_jiA..--yK..- Plaintiff I CIVIL ACTION - LAW I I I I I I vs. NOTICI 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 after this 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 claimed in the Complaint or 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A I.AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 IN THI COURT or COMMON PLIAS or CUMBERLAND COUNTr, PINNSrLVAHXA MBRIDIAN MORTGAGE CORPORATION, Plaintiff NO. 9'1-~IISO (~",J 0".00 CIVIL ACTION - LAW vs. I I I I I I I I ROLAND G. C. YOUNG, JR. and VICTORIA L, FULKROAD, Defendants COMPLAINT l. Plaintiff is the Meridian Mortgage corporation with its office located at Two Devon Square, 755 West Lancaster Avenue, P.O. Box 6800, Wayne, PA 19087. 2. Defendants, Roland G. C. Young, Jr. and Victoria Fulkroad are adult individuals residing at 201 Allendale Way, Camp Hill, PA 17011. 3. On or about April 28, 1989, Defendants, executed and delivered to Meridian Mortgage Corporation, a Note in the original principal amount of $100,000.00 (the "Note"). A true and Gorrect copy of the Note is attached to and incorporated by reference in this Complaint as Exhibit "A". 4. The Note is secured by that certain Mortgage executed and delivered by the Defendants to Meridian Mortgage Corporation dated April 28, 1989 filed on May 1, 1989 at Volume 937, page 349 n !.!Q., Cumberland County Records (the "Mortgage") which Mortgage is incorporated herein by reference and any judgment in this action shall relate back in priority to the date of the lien of the Mortgage. 5. The Plaintiff has not assigned the Note and is the holder thereof. 6. The Defendants defaulted with regard to the Note and related loan documents in that the Def~ndants failed to pay when due the monthly installments from November l, 1993 to date, 7. Pursuant to the Homsowners Emergency Mortgage Assistance Act of 1983, written notice of counseling was given to the Defendants. A copy of the aforesaid notices of counBeling is attached hereto, marked Exhibit "8" and incorporated herein by reference. Plaintiff avers that the Defendants failed to meet the time limitations for the opportunities set forth in such Act 91 or did not qualify for such assistance. 8. Pursuant to Act of January 30, 1974 P.L. No.6 (4l P.S. 101 et ~.), written notice of intention to foreclose waB given to the Defendants by certified mail. A copy of the aforesaid notice of intention to foreclose is attached hereto marked Exhibit "e" and incorporated herein by reference. 9. The Defendants are liable to the Plaintiff under the Note and related loan documents as fo11owSl (a) Unpaid principal (b) Interest at the rate of 11.65% per annum to 7/20/94 ($27.13 per diem) $ 85,686.16 8,124.89 (c) Late charg~s at the rate of 5% per delinquent monthly - 3 - 11211.1 Roland G. Young, Jr. . IIMC (}067l768 2 February 8, 1994 IMPORTANT I PLEASE READ THOROUGHLY I I The name(.) and addrels(es) of designated con.umer credit agencies in your area can be fo~nd on the eneloled listing. It i. only neeo.lary to schedule one face'to.faee meeting, You ahould advise this lender immediately of your intentions, If you have tried and are unable to resolve this problem at or aftar your face-to,face meeting, yo~ have the right to apply for financial a.aiatance from the Homeowner's Emergency Mortgage As.istance Fund. In order to do this, you must fill ou~, sign and file. completed Homeowner'. Emergency Mortgage Alsistance application with one of the designated con.umer credit eounleling agencies referred to above. the eon.umer cradit counaaling agency will a..i.t you with filling out your application and will .ubmit your complated application to the Pannsylvania Houling Financa Agency. Your application must ba filed or postmarked within thirty (30) day. of your face.to,face meeting. You must either mail your application to the Penn~ylvanll Housing Finance Agency or you must file it at the office of one of the designated consumer credit co~nseling agencies listed on the enclosure. It is extrlmely important thac you file your application promptly I If you do not do '0, or if you do not follow the other time periods .et forth in this letter, foreelolure may proceed against your homa immediately! Available funds for emergency mortgage assi.tanee ar very limitad. They will be disbursed by the agency under the eligibility erl,teria astabli.hed by the "Act." It is extremely important that your application be accurate and complete in every respect. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make e 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 dir~ctly by the agency of its decision on your application. .... The PENNSYLVANIA HOUSING AND FINAl~CE AGENCY is located at; 2101 North Front Street P.O. Box 8029 Harrisburg. PA l7l05 (717) 780,3800 (800) 342,2397 (Toll Free) In addition to this Notice, you will receive another notice from this lender under Act 6 of 1974. That notice is called the "Notice of Intention to Foreclose Mortgage." You m~st read both notices, .ince they both axplain rights that you have ~nder Pennsylvania law. However, if you choose to exercise your rights as described in this Notice. we cannot Victoria L. Fulkroad HMC 110671768 2 February 8, 1994 IXPOR!A.~T: PLEASE lEAD THOROUGHLY I I The name(.) .nd .dd~.ss(es) of designated conlumer credit agencie. in your area can be four.d o~ the enclosed listing. It il only necessa~; to schedule one faee-to.f.ee meeting. You ahould advise this lender i~.d~ately of your intention.. If you have tried a~d are unable to re.olve this problem at or after your face.to-face meeting, you have the right to apply for financial a..istance from thl Homec~~er's Emergency Mortgage ASlistanee Fund. In order to do thi., you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance application with one of the de.ignated eonaumer credit counseling agencies referred to above. The con.umer credit coun.eling agency will assist you with filling out your application and will submit your completed epplication to the Pennsylvania Hou.ing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face'to.face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the designated conaumer credit cowuelir.g agencies listed on the enclosure. It is extremely ~portant that you file your application promptly I If you do not do '0, or if ycu do not follow the other time periodl .et forth in this letter, foreelosurl may proceed again.t your home immediately I Available funds for emergency mortgage a..istanee ar very limited. They will be di.burlld by the agency under the eligibility criteria established by the 'Act.' It is extremely important that your application be accurate and complete in every respect. The counseling agency will help you to fill out the application. The Pe~~ylvania Housing Finance Agency has sixty (60) days to make a decision a:cer it receives your application. During that additional time, no fo~eclosure proceedings will be pursued against you if you have met the time re~~irements set forth above. You will be notified directly by the aglney 0: its decision on your application. -. The PENNSYLV~~IA HC,S!~G ~~'ID FINANCE AGENCY is located at: ZlOl North Front Street ?O. Box 8029 Harrisburg, PA 17l0S (717) 780-3800 (800) 342-2397 (Toll Free) In .ddition to chis :;ot,ice. you will receive another notice from this lender under Act 6 of 197". That notice is called the "Notice of Intention to Foreclose Mortgage." ,ou must read both notices. since they both explain rights that you have under Pennsylvania law. However, if you choose to Ixercisl your r:ghts as described in this Notice, we cannot Roland G. Young, Jr. HMC 00671768 2 February 0, 1994 .tlrt a lawsuit to foreelole your mortgaged proplrty. If the mortglge is foreelo.ed, your marts_gad proparty will be .old by the .hariff to pay otf the morts_ge dabt, If we refer your case to our attorney., but you curl the default before they begin Ilgal proceedings againat you, you will .till have to pay thl reasonable attorney'l fees actually incurred, up to $50.00. However, if legal proceedingl .re started against you, you will havI to PlY reasonable attorney's fees eVln if they exceed $~O.OO. Any attornlY's fees will be added to whatever. you owe us, which may also include our rlasonabla cas ts. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY AI70R.'1EY'S FEES. We may also sue you personally for the unpaid principal balance and all other SUIIIS due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclo.ure proceedings have bagun, you Itill have the right to cure the default and prevent the sale at any time up to one hour bsfore the .heriff'. foreclosure sale. You may do 10 by paying the total amount of the unpaid monthly payments plus any lats or other charges then due, as well as the reasonable attorney's fees .nd costs connected with the forecloaure aale. It il estimated that the earliest dati that such a sheriff's sale could be held would be approximately six (6) months from now. A notice of the date of the sheriff'a sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required paymlnt will be by calling us at this number: 1.800,223,706l. !hia payment must be in the form of a eeshier'a check, certified check or money order snd be made payable to Meridian Mortgage Corporation at the addu.. atatad on the front of this Notice. You should realize that a sheriff's sale will end your ownership of the mortgaged property ~nd 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 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 &~OTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER TilE PROPERTY, SUBJECT TO THE TERMS OF THE MORTGACE, TO A BUYER OR TRANSFEREE \/IlO WILL ASSUME tHE MORTGAGE DEBT, PROVIDED THAT ALL OF tHE OUTSTANDING PAYMENTS, CHAIl.GES, AND ATTOR.'lEY'S FEES AR! PAID PRIOR TO OR AT THE SALE. CONTACT US TO DETERMINE UNDER IlHAt CIRCUMSTANCES THIS RIGHT MAY E.XISt. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIIl.D PARTY ACtING ON YOUR BEHALF. Victoria L. Fulkroad HMC 00671768 2 February 8, 1994 .tart a lawsuit to foraclole your mortgagld proplrty. If the mortgage ia foreeloled, your mortgaged property will be sold by the .hlriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings .galnat you, you will .~ill have to pay the reasonable attorney's feea actually incurred, up to $50.00. However, if legal procee41ngl are Itarted against you, you will have to pay reasonable attorney's fees even if they exceed $50.00. Any attorney'a feea will be added to whatever you owe us, which may Ilso include our rlaaonable costs. IF YOU CURE THE DEFAULt WITHIN THE tHIRTY (30) DAY PERIOD, YOU WILL NOt BE REQUIRED TO PAY ATTORNEY'S FEES. Ile may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the aale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus .ny late or other charges then due, as well .a the reasonable ettorney'a fees and costl connected with the foreclosure sale. It is estimated that the earliest date that such a sheriff'a sale could be held would be approximately six (6) months from now. A notice of the date of the Iheriff's lale will be lent to you before the sale. Of course, the amount needed to cure the default will increaae the longer you wait. You may find out at any time exactly what the required payment will be by calling us at this number: 1.800-223.706l. This payment must be in the form of a cashier's check, certified check or money order and be made payable to Meridian Mortgege Corporation at the addresa stated on the front of this Notice. You .hould realize that 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 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 OFF THIS DEBt. YOU MAY HAVE THE RIGHt TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO THE tEIl.MS OF tHE MORTGAGE, TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBt, PROVIDED THAT ALL OF THE OUTStANDING PAYMENTS, GHARGES, AND ATTORNEY'S FEES ARE PAID PRIOR TO OR AT tHE SALE. CONTACT US to DETERMINE UNDER \/HAT CIRCUMSTANCES THIS RIGHT MAY EXIST. YOU HAVE THE RIGHT to HAVE THIS DEFAULT CURED BY ANY THIIl.D PARTY ACTING ON YOUR IlEHALF. :Ii ''l S, .. v-, . ';ft \-") :x: , ,. ~~-) " lolll"," ., CD ~r'- r ~ ~ ~ 140-.;"}f...., '..1.;-. ,", IN ." , , . \'- ,'" , , ~ ~ _0 l'('I 1'1 ",j r-(] ..... a:J 8 - ~ .... ~ ~ ...... r,;...< ~ 1), - -- ~ ~~,~. ''''''' ...._) ~ . H ~ I-< 0 z8 ~ . ~ ~ 0 ~ .< au p:: f!;0 e ~ II I 10 0 f;2 ~~ u ~~ u ~ ffi ~ ~ ~ < 0 . t.!1 Soll;l!! t.!1 I-<~ , :><...:lUl Z I-<~< Ul ~ H p::~ > .<1-< 8 OH uH:i1 a :i1 XI-< . @l 0 0 ~ill~ln uc..> Zz t.!1t~ I-< :>< ~a>l <H z el :I: . ! ~ H< OHc.. 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