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HomeMy WebLinkAbout00-02163 r STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler 'f I, ____________________________________________________~________________________Ilccordero Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed'in which ________________ \<111 Specialty Mtg LLC . ____________________________________________________________________________________ ~ thegr.antee the same having been sold to said grantee on the _______~_t!:_____________n_____________n__n__ day of 02 -----1 under and by virtue of a wnL_____________ 7th ___~_~~::~_:.~~:?__________________ _____ _________ _ issued. on the ______ _______ _______ __ ______ _________ March . ______________________n_________n__n_ A. D., ' day of ____~~l'}_"__~=.:____________ A. D., Civil ______________________________... ...______ __________ ____ __________ ___________________ Tenn, : , 2163 Washington Mutual Bank Number ___________ ___, at the s.uit of ___ ____________ ___ _ ____ ____ ___ ____ _ ______c_ _____ __ _____________ Frank M Romito Jr & Bonita J ___________________________________against____________________________________________________ G 251 3117 duly recorded in Sherifrs Deed Book No. ____________, Page ____________. 2001 . _____) out of the Court of Cornman Pleas of said County as of 2000 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office th~ ___f_~__ day of ----~71-----A--;4'f\d?fifd~ ----~&-P~io;~ --:-.!'_~!_~~""'N ...'; '. '.__.._MandiWOf....._ ~". :-:.<1i: T Washington Mutual Bank VS Frank M. Romito, Jr. and Bonita J. Romito In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001>>-2163 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 20, 2001 at 4:35 o'clock P.M., E.D.S.T., he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Frank M. Romito, Jr., by making known unto Frank Romito JI. personally at 51 West Keller Street, Mechanicsburg, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 20, 2001 at 4:35 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Bonita J. Romito, by making known unto Frank Romito JI., adult in charge, at 51 West Keller Street, Mechanicsburg, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01, 2001 at 6:34 P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Frank M. Romito, Jr. and Bonita J. Romito, located at 51 West Keller Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being dilly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to one of the within named defendants to wit: Frank M. Romito, Jr., by regular mail to his last known address, 51 West Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date of October 3,2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the al:1ove Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defeniIants to wit: Bonita J. Romito, by regular mail to her last known address, 51 West Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date of Octo~er 3,2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due a$d legal notice had been given according to law, exposed the within described premi~es at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Penn~y1vania on March 6, 2002 at 10:00 AM, EST. He sold the same for the sum of $1.00:to Attorney Frank Federman for WM Specialty Mortgage LLC, without recourse. It beiryg the highest bid and best price received for the same, WM Specialty Mortgage LLC, without recourse of 505 South Main Street, Orange, CA 92868, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $778.79, it being costs. '''B~ ~ " r ~; Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed $:~O.OO 15.27 15.00 15.00 30.00 10.00 1.00 13.00 2.44 15.00 30.00 20.00 288.65 216.27 25.66 25.00 26.50 $778.79 Sworn and subscribed to before me So Answers: This J.3,u<dayof~ r~ ~<:~C4' Cb ' R. Thomas Klme, Shenff 2002, A.D. ". ()~,~ r honotary BY ~JArl.ll ~dtl Real Estate Deputy '-"^;m 30'vV l.trU ~~ CIt. .31-31'1 ~ 12:;"6'.27 .' . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2163 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Qnnberland COUNTY: Washington Mutual Bank To satisfy the debt, interest and costs due PLAINTIFF(S) from Frank M. Ranito, Jr. and Bonita J. Ranito, 51 West keller Street, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other thanai1amed garnishee. you are directed to not"y himlherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,936.72 fran 6/6/00 to 12/5/01 - (per diem Interest $9.69) $5,:100.4.3 and Costs Ally's Coinm % L.L Due Prothy Other Costs $1.00 Ally Paid Plainfijf Paid $R'i2.06 Date: SPpTAmhPr 7. 2001 Curtis R. Long Prothonotary, Civil Division <J2y: ao~ t7 P 71((' J? /2A')L. r-- Deputy REQUESTING PARTY: Name Address: Frank Federman, ESq. One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court 10 No. 12248 ~ .~ " , , '. REAL ESTATE SALE No. 3'1 On September 17,2001, the sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, P A, known and numbered as 51 West Keller Street, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17,2001 By: go ~ ~~ Real Estate Deputy VI!'" !,1 t ,. ,,3d tn. \1,'1. I\S 5 II cBS ,c_ ,""CI~ HH"lc-' _ , _ ,:j;:'I-~';O :/;l\1l3f\S ",'... ., 6-1 t:;1;) I:ViJ c::::::, ~ G\i;J -11 .. ,.!II ,IJ~",,_," _P1Il~""",,_~~ .__,.!.,..",,~,~_ ~~~_~_~~"-""""'''f~~~.fi'-~W!!~,'fl'_~~",~J:~~"!'~''''''t'4"''W''''')'!'M~;~~''!a""'''1~j'l''l";;-:;Vi,q~'''''''',"!~"<l?l17'l'''lit'~'!'''''!~II~~~~ i. i'!\1 ~ ~ WASHINGTON MUTUAL BANK Plaintiff, v. FRANK M. ROMITO, JR. BONITA J. ROMITO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO.00-2163-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) . WASHINGTON MUTUAL BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at 51 WEST KELLER STREET. MECHANICSBURG. PA 17055 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FRANK M. ROMITO, JR. BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 51 WEST KELLER STREET MECHANICSBURG, PA 17055 NAME 2. Name and address of Defendant(s) in the judgment: Same as above LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME None ""u. LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) , ~~- i / 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREEN TREE FINANCIAL SERVICING CORP. 7360 S. KYRENE TEMPLE, AZ 85283 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 51 WEST KELLER STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infol1l1ation and belief. I understand that false statements herein are made subject to the penalties of/8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 29.2001 DATE '''''''1<l' ~~ -~ ~, f WASHINGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY v. No.00-2163-CIVIL FRANK M. ROMITO, JR. BONITA J. ROMITO Defendant( s). August 29, 2001 TO: FRANK M. ROMITO, JR. 51 WEST KELLER STREET MECHANICSBURG, PA 17055 BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 51 WEST KELLER STREET, MECHANICSBURG, P A 17055is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2001 at 10:00 a.m: in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6,2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ""'11 ?~ ~ - --.? . , You may need an attorney to assert yo~r rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ""'"' .~ . . ~ ALL TH.-\ T CERT.-\I::i House and Loe of Ground siru:lte on the South side of \Vest Keller Street, in me First \VJ.rd of the Borough of ~k:hanicsburg, Coumy of Cumberland and Common'.vea!ch of Pennsylv::mia. bounded :md described J.S follows. to wit: BEGI::i:'iI::iG at a poim at comer of loc now or formerly of Ch;ules Glenn and said West Kelle, St,eet: me:lce along said West Kelle, SLreet in an East'.vardly direction. a distance of twemy-seven (27) feet to a poim in the line of lot now or formerly of Ch;ules Eppley; thenc~' along the line of said Lot no'.11 or formedy of Ch;u!es Eppley, in a Southwardly direction, aa distance of one hundred forty (PO) feet. more or less. to a poim in a public .-I.lley: thence along said Alley in a \Vestwardly direction. a distance of twenty-six (26) feet to a poim Ln the line of Lot now or formerly of Charles Glenn, aforesaid: thence along the line of said lot now or formerlv of Charles Glenn in a - . Northw;udly direction, a distance of one hundred forty (140) feet to a poim in said West Keller Street, aforesaid, at the poim and place of BEGI::iNI::iG. HA VI::iG thereon erected a two and one-half story frame dwelling, known and numbered :lS 51 West Ketler Street, Mechanicsburg, Pennsylvania. T.-\X P,\RCEL ,#16-2-1--0787-023 TITLE TO SAID PRHIISES IS VESTED IN Bonita I. Romito and Frank,yr, Romito, Ir" wife and husband, by Deed from Bonica J. Romito and Frank ~l. Romito. Ir. wife and husband, dated 4123/99, re'corded -1-129/99, in Deed Book 198. Page .j.68. -""-'''1I''f . . - ---------~,.-,~-~-_.- _~~.-,--"'--c-'O-,.-:-- \la-\. ES"i~"\1? S~\.E 110. 39 ~,\t1l0.'lnIlU.l\GS C\.\I\'''" ~'S\\I"9"O" ~,u\ualll."1< ,s ftan\l.~' 'Rofl\\\O~ ~t. 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"oed 'rfYJ~ ,,%, ~"", ., .'t::199,to-'Otd.'"..P4r..91i)C).w. "." -----~-~------ -"- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in '::~::~~~:~;ro;"g · 000" ;" "" ''':':"=O'?lt:="'='~'~.mm COpy . t' 19th day Nove r 2001 A.D. Notarial Seal S ALE #39 Te,,\, I.. Russell, Notery Public Harrisburg, Dauphin County My commission EllIll19sJuneS, 2002 NO RY PUBLIC Member penn.ylVellia Association ot Notarle. .. . , My commiSSion expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 214.77 1.50 216.27 Publisher's Receipt for Advertising Cost The Patriot News, Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and pUblication costs and certifies that the same have been duly paid. By,................................................................... i;::''''''''1'~ , __ "':.1 REAL ESTATE SALE NO. 39 Writ No. 2000-2163 Civil Washington Mutual Bank vs. Frank M. Romito, Jr. Bonita J. Romito Atty.: Frank Federman ALL TIfAT CERTAIN House and Lot of Ground situate on the South side of West Keller Street, in the First Ward of the Borough of Mechanicsburg, County of CUmber' land and Commonwealth of Penn- sylvania, bounded and described as follows, to Wit: BEGINNING at a point at comer of Lot now or formerly of Charles Glenn and said West Keller Street: thence along said West Keller Street in an Eastwardly direction, a dis- tance of twenty-seven (27) feet to a point in the line of Lot now or for- merly of Charles Eppley; thence along the line of said Lot now or formerly of Charles Eppley, in a Southwardly direction. a distance of one hundred forty (140) feet, Ip.ore or less, to a point in a public Alley; thence along said Alley in a West- wardly direction, a distance of twenty-six (26) feet to a point in the line of Lot now or formerly of Charles Glenn. aforesaid; thence along the line of said Lot now or formerly of Charles Gl= in a North- wardly direction, a distance of one hundred forty (140) feet to a point in said West Keller Street. afore- said, at the point and place of BE- GINNING. HAVING thereon erected a two and one-half story frame dwelling. known and numbered as 51 West Keller Street, Mechanlcsburg, Penn- sylvania. TAX PARCEL #16-24-0787-023. TITLE TO SAID PREMISES IS VESIED IN Bonita J. Romito and Frank M. Romito. Jr., wife and hus- band, by Deed from Bonita J. Romito and Frank M. Romito, Jr. wife and husband, dated 4/23/99, recorded 4/29/99, in Deed Book 198, Page 468. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentha1, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, v!z: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland , Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. '/~al' Edito; SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTAR LOIS E. SNYDER, Notary Public CartisIe Bore. Cumberland County My Commisslon ExpiRlS Man:h 5. 2005 f"~~ . 0/ _ .." ., . It.. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK Plaintiff CIVIL DIVISION vs. No. 00-2163 CIVIL FRANK M. ROMITO, JR. BONITA J. ROMITO Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for WASHINGTON MUTUAL BANK, hereby verify that on AUGUST 28. 2000, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on AUGUST 28,2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. ;;~K~~~ Attorney for Plaintiff Date: November 2. 2000 "-.<-,," -- . . . . 'w,,~, , ,~ :s:!;l H v; :;;: Uj's [g- ~;; "'~ n = Q. Q .~ ~~ =-= H \:1 ;;j'z .... Q.C .... ag. C ."n .... 2;; ~ 0:;; :;; 81 ~. <:5 (~~ ~ ~'r\~ ~ ~ m'" 3 " "5!.!i ~ ~ ,!!..(; -~ ~ ~~ I g, i;' R :r ~. ~ ~ , ,~ - u.> :: 0 '" 00 ...., IV /,,;\~!!,-. 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ROMITO 51 WEST KELLER STREET MECHAN1CSBURG, P A 17055 SENDER: REFERENCE: DMK SALES PS FORM 00 SEPTEMBER 1995 - """"'''''' ," RETURN RECEIPT SERVICE -2..."l5.- Return Receipt Fee Restricted OeIIv8ry Total Postage and F8es US Postal Service ^ Receipt for Certified Mail ! No Insurance Coverage Provided ! Do not use for International Mail "__'e_.___ ~.._,,_,_,,_,~,_.__ -....-..- TO: P "16"1 OSb 105 FRANK M. ROMITO, JR. 51 WEST KELLER STREET MECHANICSBURG, PA 17055 SENDER: REFERENCE: DMK SALES PS FORM 00 SEPTEMBER 1995 - ee_"", RETURN RECEIPT SERVICE Aetum Receipt Fee --OJlO..- 275 RestrictedOelivery Total Postage and Fees -,. ~, ".~~~ "-~ ~ "y , 1- ~ -"-,' ,-'<. ~"T""~IlI'lI~~.. ~, - .,~ .. I '".n '" . H d'", ''''~'''' ,"' ""''"I IJIflllm-'"~jjiflhlr""~" o C) c c:::> L~ ;;- -,"'" rr~ C'.J [3 Zl[!-? >"-f.:;: :z: ", ,~~:". I ~"'"7 en ~~ .'U ~~; ::3!: Pc ~) ~ ~~ .<< . , ,~ '_....1 '1 ""4 T" ;-;::;'"1"") ',-::;::: -':"..Jfll :.::JO ~(~) ;J~ .=}~I ~(') otn ,-; 35 -< __ j!',j~~!!!lJ"''l~,~ '~-~>~~__!Iml~~J1J'JIlIl~ "-~ I, " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Washington Mutual Bank Plaintiff, Cumberland County v. No. 00-2163 Civil Frank M. Romito, Jr. Bonita J. Romito Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $58,936.72 V Interest from 6/6/00 - 12/6/00 $1.773.27 and Costs (per diem - $9.69) $60,709.99 TOTAL , ESQUIRE ERPLAZA NKFE E T OPENNCE SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. No. " ~ ~I -~ . " ) / lfl lfl <:> r-- ... .... "--r: ~ Q"'~ ... ell . ..... _ bJl a .. .. Q - :I ~0l,.Q .::.d ~ ~.... oa Ol '" .. ......= ...:$ .. ~ .. = .. z Q....::g o~ 0 ~lfl ell> ... ~;;: ... ~ lfl U lfl --d """ell .lid <:> ~z ~e r-- .. 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DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate on the South side of West Keller Street, in the First Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at corner of Lor now or formerly of Charles Glenn and said West Keller Street; thence along said West Keller Street in an Eastwardly direction, a distance of twenty-seven (27) feet to a point in the line of Lot now or formerly of Charles Eppley; thence along the line of said Lot now or formerly of Charles Eppley, in a Southwardly direction, aa distance of one hundred forty (140) feet, more or less, to a point in a public Alley; thence along said Alley in a Westwardly direction, a distance of twenty-six (26) feet to a point in the line of Lot now or formerly of Charles Glenn, aforesaid; thence along the line of said Lot now or formerly of Charles Glenn in a Northwardly direction, a distance of one hundred forty (140) feet to a point in said West Keller Street, aforesaid, at the point and place of BEGINNING. HAVING thereon erected a two and one-half storv frame dwelling, known and numbered as 51 . - West Keller Street, Mechanicsburg, Pennsylvania. TAX PARCEL #16-24-0787-023 TITLE TO SAID PREMISES IS VESTED IN Bonita J. Romito and Frank M. Romito, Jr., wife and husband, by Deed from Bonita J. Romito and Frank M. Romito, Jr. wife and husband, dated 4/23/99, recorded 4/29/99, in Deed Book 198. Page 468, . '''f''''!'''1 ~ ,~ ...."..- ~ ~~ ~ ~ (c,~ ~ c..>v ~ ~ to . F8 , ~ --........ t . It ,~ ^ ,. ",....~~~~ I*I!!'!""'1" """1 ~"~""_ -, . " , '," ___~ '" , ---0- ~ - ~ 9-> 3--> J ,>l:. <J _ ()j ~~w ~ ~ lS'~,~ 1-- Of ~ C ,..,,~ "~-',_ =~>~ ,'_'f'" ___~)J1il1j!~'f!~~_,,_ '" ..~,,' ",",,,"_~ ""T'_=..I!_F!!l.~_",_~'1"_'~'_~'~ "~" "', _ '''- pc_..' ._""", F'_~ 0 0 0 C 0 ? -'"""} (J -" J> nOJ _ 1['11 G",) ~'i:; ..2::v 2T cv -'31.:9 (0,.1> u: -<;,,: J<? !;::c::; ::t::J'> -' ~;:r) .- ~~? ~:s ~C c 0 c'''5rn 2" :'" f-:; :;:! ::rJ .f,. -< llii:]......-q " I ~ .~ I " Washington Mntnal Bank CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS Frank M. Romito, Jr. Bonita J. Romito CML DMSION NO. 00-2163 Civil Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) Washinlrton Mutual Bank, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 51 West Keller Street. Mechanicsburl!:. P A 17055. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Frank M. Romito, Jr. 51 West Keller Street Mechanicsburg, P A 17055 Bonita J. Romito 51 West Keller Street Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Green Tree Financial Servicing Corporation 7360 South Kyrene Tempe, AZ 85283 Washington Mutual Bank 505 South Main Street Orange, CA 92868 n' -r '~~'''''''''~ - ~' I , 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 51 West Keller Street Mechanicsburg, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 22. 2000 DATE ~~@~Q;~~~ Attorney for Plaintiff "'''1- -"'"-=/' . ~ ;\""_'v. '""'. oj_ _~~~._iW1!~ ;mW!~~~, J~O_. ", ~~ o c <- v[~r tilr17'1 Z-r) ~S; ~C:; ~() ~O )>C Z ~ .".<, '. , c' C::::J :';ii' ,-' ;~=) ~( 0) e;l .-, ~Tl .~ ',.,' .=" ; _:~_;C:> ~; -;.~ ~~~ ~~i -" ~; :'x;! ~. :c:=." -;~ 6 :...1 ..l:"'" ~ ...,..1!:l;>"~~""')"-ffif#R,,,,~-f(.,~-';;f~'~:!<i!'l;rr~~~re.jJI!ll$I&~lj!I!!'$!~~lm~~J$l_~ ~ ~,-. ~ -- . Washington Mntnal Bank Plaintiff, CUMBERLAND COUNTY v. No. 00-2163 Civil Frank M. Romito, Jr. Bonita J. Romito Defendant(s). August 22, 2000 TO: Frank M. Romito, Jr. Bonita 1. Romito 51 West Keller Street Mechanicsburg, P A 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 51 West Keller Street. Mechanicsburl!:. PA 17055, is scheduled to be sold at the Sheriffs Sale on December 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by Washinlrton Mutual Bank (the mortgagee) against you. lfthe Sheriff's sale is postponed, the property will be relisted for the March 7, 200 I Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. '.-., - - I ~~"~ ,--", \ . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 -w-,.~ , "" "_.""""""'-~=""- v . . DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate on the South side of West Keller Street, in the First Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at corner of Lot now or formerly of Charles Glenn and said West Keller Street; thence along said West Keller Street in an Eastwardly direction, a distance of twenty-seven (27) feet to a point in the line of Lot now or formerly of Charles Eppley; thence along the line of said Lot now or formerly of Charles Eppley, in a Southwardly direction, aa distance of one hundred forty (140) feet, more or less, to a point in a public Alley; thence along said Alley in a Westwardly direction, a distance of twenty-six (26) feet to a poim in the line of Lot now or formerly of Charles Glenn, aforesaid; thence along the line of said Lot now or formerly of Charles Glenn in a Northwardly direction, a distance of one hundred forty (140) feet to a point in said West Keller Street, aforesaid, at the point and place of BEGINNING. HA VING thereon erected a two and one-half story frame dwelling, known and numbered as 51 West Keller Street, Mechanicsburg, Pennsylvania. TAX PARCEL #16-24-0787-023 TITLE TO SAID PREMISES IS VESTED IN Bonita J. Romito and Frank M. Romito, Jr., wife and husband, by Deed from Bonita J. Romito and Frank M. Romito, Jr. wife and husband, dated 4/23/99, recorded 4/29/99, in Deed Book 198, Page 468. 'r' , . 'r~ "?'''''~ .1lri!ll.'!~1IlIl -_. ~:::-"t1 .,~, ^ ~ ~ o C ? -or-e fTif'n :2: :.~~ 2:[, rJ) i;-:' -,<."- ~Cj :~8 J;>c ;z:, :< ~~ :;::: G1 r-..} en " .. (J ^,-~ ,- :"f'I ~~? ~',) -~"',' .- ::;: ., __~ -n '~~~ j~ ( J ~::....\ - :6 -< os:? '.,.) .t:"" ~ ~lft~lf-w:mI!f!l~~I,*~~~~~~_~~~ FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mntual Bank Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION Frank M. Romito, Jr. Bonita J. Romito NO. 00-2163 Civil Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~= =~ " . -~ ,t '';' '"""'~-"'~i - " -- ~. ,._~ ~'. .. ~," ---':fll( 0 C) 0 C C~ T1 :'S_ ~-~ -ere;:::. '-- <",-- fTIl'1"j G'"J , z:::r r.,) i"< ~;~;- C' (}'-, (~> ~~G "-;"C" ~~~. ~~ ~8 ;;: '-4 Z -,.-". -l ':,.) SJ -< "t... -< :. ,,-'. .J'. ,Ii _ _ ."" J.1i_JI1]~l~~!lIlI1 '.'-"" ~!ltI' ~.~,....,.". _ ~nro ...,,,,,,,,,,,,,~_,,=.",~l':W';'*'A<O''''iI-<:l''(~5''''",,,,l,,,.'-'!~~~m~~;i\'ifr~~j!F5j!~'rn~q_~ AFFIDAVIT OF SERVICE PLAINTIFF Washington Mutual Bauk Cumberlaud County No.00-2163 Civil DEFENDANT(S) Frank M. Romito, Jr. Bonita J. Romito Type of Action - Notice of Sheriff's Sale SERVE AT 51 West Keller Street Mechanicsburg, P A 17055 Sale Date: December 6, 2000 SERVED Served and made known tn:liJ.iJ...,y,J f11 ;((I-Yyt{.7t) I ~, Defendant, on the l? --u-- J)Y of f. f ~, , 200Q, at t, ~ 3 3, o'clockf2...m., at /)"/ LJ I{ -' 1. t. liT.) IVy...... ~~ J', A"O'", ~ . Commonwealth of Pennsylvania, in the manner described below: x Defendant personally served. g. Adult family member with whom Defendant(s) reside(s). Relationship is <t1'J...'7;;,. IAAtf. , Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. ' Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company, Other: Description: Age&!;7) HeightQ Weigh61co+ Race uJ SexL Other I, ~ t..~ ,a competent adult, being duly sworn according to law, depose and state t.'1at I personally handed a e and correct copy of the Notice of Shenft's Sale m the manner as set forth herem, Issued m the captIOned case on the date and at the address indicated above. Sworn to and subscribed befo'lme this /7-6..-day of; . 1'-1' , 2000. 1Iat"8' , N TARIAL SEAL \ JOSEPH F. JOHNSON, Notary Public Harrisburg, Dauphin County My Commiss1,'r 0 Fe~. 3, 2qQ,3 "-'--6rr'.he day or_ '-K~;;{, ~ NOT SERVED ,200_, at o'clock _,m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire -to. No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 '""1'f""'l!'!II!lI!WJjJ!l ....---1 . " ..,.. ~~l~J ,t _ .' ,~ .' """"~l""",-,,"""~f"..-,e",,. .- ,~< ':.--~-- ~"' .E~Jnr~'l~'U!lWft'!J_ c -1"'" .' .. ,.~ '^ o c:: -of: g~ ~I;i -7r- /~,- ~-'. ~~ t:~ ~?:8 :~c z --I -<. ~~~ Q ~, :'-.~ "'"'~'" I.. _~ ,..," 1lIiIlI>ill:: j'< I'; ~; ,', i".' " ~~~ ~ .t;" ,.Rl"~,,,,'W~!~1l"l~lt\!fll'~~~~~~'i~,",f.l1~~_I!lfJJI~ AFFIDAVIT OF SERVICE PLAINTIFF Washington Mutual Bank Cumberland County No.00-2163 Civil DEFENDANT(S) Frank M. Romito, Jr. Bonita J. Romito Type of Action - Notice of Sheriff's Sale SERVE AT 51 West Keller Street Mechanicsburg, P A 17055 Sale Date: December 6, 2000 SERVED Served and made known to /3 ~Ov .::T I? ~ ,Defendant, on the /7 -G... day of j.p ,200D at &:8. 3. o'clock t:lm., at .til b) t(. eeH... :..b., /Jf:t'L!~,:'.t--Lur' ~ CV , Commonwealth of Pennsylvania, in the manner described below: Y Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AgeJ&-!Sb Height~ WeightdDi9 f Race uJ SexL Other 1, ~ 1.-e-....L. ~ ' ). a competent adult, being duly sworn according to law, depose and state that I personally handed a tru and correct copy of the Notice of Sheriff's Sale m the manner as set forth herem, Issued m the captioned case on the date and at the address indicated above. Sworn to and subsc~d befor11I1e.!lJis .L2.:::. Oay of ~ ,2000. NOTARIAL SE L JOSEPH F. JOHNSON, Notary Public Harrisburg no. ,o"'n County ~ ~missic. 'c. day.:t.E:,3, 2003 ' y:'--f(~X. ~ NOT SERVED ,200_, at o'clock _.m" Defendant NOT FOUND because: Moved __ Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of .200_. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 ~~~ ,-~"" - ~ ~ =-~... ~ ,",>, ~ ~I!!I!I! ~rlr ,~~, ~ " -~~ ~""., ~"~'. .~"~." " -<.- (") C~ 5., "'UC~ n\\"' Z:J.=-i ;; [~._:, ~~: ~C) ~~~ )~. c-=: z -l -< 111I ^ '~'''"'llnr ,-"-, ,- c; C) c) ~.i r-.:; f:~~) :~\ :c:: :;::'l .....< ,-.... J;"" ,~ ,,~ ~. 1 n:1Jl._~_u.~!!~~~~~~i:!fil!f~~~~lIJlml!!iil,,"l\ffl_~fB'!!!ii~~~ilU~ 09/14/2001 14:J8 F~Y 21556JJJ5~ 21556JJJ52 141004 CJ+>6-' .' ~ AFFIDAVIT OF SERVlQ: WASHINGTON MUTUAL llA.NK FRANKM. ROMITO, .m.. BONITA J. aOMITo SnVE FRANK M. ItOMlTO..m.. AT 51 'WEST raJ , Il~ STREET MECBANICSBUJlG, PA 171155 PLAINTIFF CtlMDERLANDCOUNTY No.OO-lI63-CIVIL Type of Adlon . Nodee of Sberifrs $al" DEFENDANT(S) Sale Date: DECEMBER S, :001 DVIm Served and made kDo"'D to ~~ ~ M. b-J-o.' 0tt. , Defendanr, OQ m" /7 ~ day of 5eq+. . 200~ 318:/0 .o'e1ock-f-.m.,al.sf W. j<e.lle~ St Me('~tJ;c.s 0-.J~ I . Commonwealth ofPellllsylvania, in m" manner descnbed below: I DefeodaDt pezs<mally strVed. ' . L,. )( AduII family member with whO!l1 Det'endalII(s) relide(s). ReIatiOllSbip is l Ah , _ . Adult in chstge ofDe1'endlll1r(s)' s residence who retlised r& gi"e _ or teJatioDSlUp. MaDagextClerlc ofplace oi~ in which ~s) reside(s). Agenr or persOll il:I charge oiDet"eDdaDl(s)'s of6c.. or ~ place ofbUlWless. moffioer ofsai4.Def~t(srs w1.<lp<u.j, Other: ,": ,,,,' L.. /' /.1->")\,,\......\ v.~,~, Descriprion: AWOJfiL Hcifl}J.tU Welf)Jr.r~O "BJb:..l!L-sex r Ow ~ "JI<ll>5<:l"' L c/~~tJCL (.... C~t<.t~ J~. .llcompeteiln.dl.\lt.~<iulyswom'WlM;"gfAlaw.dqloseand_tbatlpexsotlZlly~ a _:md eoma copy of~" . 5 . issued in the captioned -.. OBlhe dawand at the addtess i;adicared above. .'&/-l;ta:r. ~~-to , . eel . ,,,,1' ~ ~~wt By: NOT SE:RVEI> .200_, at o'clock _,m.. Defendant NOT FOtlND because: _ Moved -.- Unknown._ NQ ~r '_ Vataut Other: SWOOI to ""-Ii sub$cn'bed ""fon: me Ibis _ day (If .2oo~ ~o1lll'Y: By: ~ttorJlIIrV ~ Phi..titt ,,,,,"k ,... bOlll, Esquire . J.D. No. IZUlI OIle Peaa Ceater Sub... b... StalioD, S~ 1400 Pldbdelphila, PA 19103 (:15) 563--71100 ""~^ .,~ ~~ ~.~ ._~,- . "!' ,~jlM""'1.'" .~~~ "1',~ ~"'~ ^ -. ~~,~, ~~-, o ~., -oti-': inrj. I~; ::= l) )>~S -< ,_.~~I!'I_~~. " . M' ."'_"_~.< v _, __ . _~ 'L_ , I" C:J c:::> C'J' -~1 -., ~,,,~. ....n<. !",) (7) """",1'!!,~ml\!I"'-1ffiiTi1;g~~!l!l!!!l!!I~ 09/14/2001 14:39 FAX 2155~33352. 2155633352 @oos . APPtDA VIT OF SJl:RVICE . WA.SHINGTO~ MUTUAL BANK FR.A.NK M. ROMITO, JR.. BONITA J.llOMITO SERVE BONITA J.llOMlTO AT 51 ~ leU) lI'.R STREET MEc8ANICSBURG, PA 17055 PLAINTIFF CUMBERLAND COUNTY N0.80-2163-CIVB.. 1Jpe of Action - Noliee of Sheriff's Sale DEFENDANT(S) Sale Date: DEaMBER S, 1001 SER.vED dt.. Served and made kD,own lD g,1I j tll 'J. R 6 M; -\: 0 . Def"eJldlgu:, on 1ile / 7 aI8:/5' .Q'clockt.m.,al 51 w. K~Ie.1C.. St-..' f{e"t..1J.v,c..."'u~~' dayof 5'fi!ff, .2OO.L . Commonwealth ofPeDDSy1VBIJia. in the 1DllDIleT deseribcd below: X Oef~t petsoually served. I Ad14t tamily member with whom ~1(s) rcsidc(s). Relatiaaship is Adu1t in chaxge oftlefendaut(s)'s residence who refi:lsed In give Jl8Q1e or relationship. Manager/CIeri: of place of lodging ill wbichDe!eudan1(s) reside(s). A$ent or person in <wile ofDefeDdallt(s)". office or usual pJag, ofbusiDess. ilII o~ of said Detimdanl(srs COIDpU.y. Olher: Description: .Age.f:/:lL Heiglu:.M 1/ Weight I MY IbSR.ace WI... &xL 01her /" ~".::> \10 )b\l>l-l. \...'0' Il.. 5 <wses- I, s:J eM I'lC... 1-.. C. all,," 1.' ,n.. . a COIllpete:tn adult, being duly swom according to law, depose and state that I personally banded a uue and comet copyofdte . in the l11lllIIl.Cr as .set 1Or1h herein, issued in the cllplioned ease on the date and at the address indicated abov.. Notarial Seal Stacy L. Heefner, Notary Public Sworn to and sll\>l;cpbed Chamllarsburg B , Franklin County ber. n . ~ da: My CommlSSlo x lr Aug. 5, 2002 ;{,,~~. ~/. I.. . iMemb;;ennSy n cialion ot N ie ll) ~ a' ~ NOTSERvm> 011 the day of . 200~ at o'cloc:k_.m., J:>erendant NOT roUND because: 9 ~ Moved _ UI1kDo"",_ NoAnswer _ Vacant Other: Sworn to and subs<:nbed befine me 1his _ day of .200_. NoJaIy: By: Attomev ft!r Plainli~ Prank FedIll'JD,ltD, Esquire -LI). No. 12248 ODeP_ c_ at~ Slatkm 1617 Jon F. KelIDedy BOldevard, Suite 1400 PhiladelplUa, FA 19103-1814 (liS) 563-7000 :--~I c-, _ "1 - ~ v ....... ~, -~~" 'C __ "~~,." "T'"",";'- n,,,. I' .~_iW~"~ i m~ ...,...,,, ~,~ I " '"--"'--'-, ,J i~J~!~l~L k'^--'''' o G < . ""C tc; n-ir-':-; -'7' _r .<'-,,-", ~}~~- 8\::-;". ~~~~. " -d",," M"~'~__~''''''''''.' ,~," " ,.." " "''''-'', ,',f',' c::::: ,~\:' ~~ ~~J J :-~ (~, ..\t'-,,' '."'- :-,;.,-;',- "'-, ,- ;J '.'.1.' ""W'(f'~m!f~~IJl~~m!!l!!i~_" , ~"f'- SALE DATE: DECEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK No.: 00-2l63-CIVIL vs. FRANK M. ROMITO, JR. BONITA J. ROMITO AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at: 51 WEST KELLER STREET. MECHANICSBURG. PA 17055. As required byPa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required byPa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Fonn 3817) and/or Certified Mail Return Receipt stamped by the U.S, Postal Service is attached for each notice. f November 29,2001 . ,.-.. " 1-- CUMBERLAND COUNTY WASHINGTON MUTUAL BANK No.: 00-2163-CNIL vs. FRANK M. ROMITO, JR. BONITA J. ROMITO SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 51 WEST KELLER STREET, MECHANICSBURG, PA 17055: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) '~~ '," , , ," WASHINGTON MUTUAL BANK CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS FRANK M. ROMITO, JR. BONITA J. ROMITO CIVIL DIVISION NO.00-2163-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, Plaintiff in the above action, by {ts attorney, FRANK FEDERMAN, ESQUlRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 51 WEST KELLER STREET, MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FRANK M. ROMITO, JR. 51 WEST KELLER STREET MECHANICSBURG, PA 17055 BONITAJ. ROMITO 51 WEST KELLER STREET MECHANICS BURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ';1'$Il""'" "._..0-. '".__". ,. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREEN TREE FINANCIAL SERVICING CORP. 7360 S. KYRENE TEMPLE, AZ 85283 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 51 WEST KELLER STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 29. 2001 DATE ',,'ll!ll'l"l1 .,~ o o ..,. - .~~ "'" " o " .-= .... $l] Z"'> E,,"" j~g~ ~..oa:l~ ::r: " >>0 ~UJ"'tj_ ~-!!'" '" ,,- ~~O': ~ar..;i ~a~..s- rI.l~""~ CI r--'" rI.l1:l",] ~O-r:l.4 ~ t ;~"C ~ ~ i s~'" "'~... z<o t .. ~ ! .. . ~ - .. .. ., . is Q ! .. "8 . J" t " '" If E .. .. ., ~ o e . z .. " .c e " z " ] - .. < " " ;::l M - o r- - 0': ;1 '" ~ iJ I ~ rI.l > o . ~ ~ ::r: ~ ~ ~ o "" Z 0 ::l !z: ~ ~ 8 !il ~ CI ~ ~ ! ~ ~ '" "" o 6 ~ I o u ~ '" 5 ~ ~ u - ,... 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B ~ <u-= '5h ==:a'~ l::!:W ~... -sa; ~ g >. . .S!"O.-;:::::l g'li~~ ~:E.s] .- "'.= ... ] ~ S:ii ~ ~j~ en ',c l.I.l ><... '" t !!I <8 ~ 't:l Co .g3~8~ _.:a!;vi~ ~~I.:;:~ 0:::1 .\!! 8 ]~Q;a~ '3 III ~ ~;g [:g t g,.g ",'';:: c.,a.s .... 0 g '_":= lllf o. Lg ~~gi.8 0,- ~,-_ [5 0 '0 ~ 8: '::: [5.~ e r.t.I E! '':: e 'i<-.::l ..! g:= ill :; ~E...=.., :;:~Blla: ::eagf;~ ~ '1::'''''80 ~.s~~g: ~ = '> ] ~ Q ~ " - . .. ~~ . . ti ~ ~s ~ ~ ..., . . ~E :a::: 0 ~~ = . t~ 1.; z ~ s'u ~~ '" - ~ . '" '0" _co ... U z.... . 3e ~i ~~"''''''''''''~ r.:~~ ",_'",." ~_ .n< r~ '~_....,~ Il"l"=., _"_~"'.= .. ~'" '--I'~ .,'" ,,'>rl,' "."-,,=",-,, .' ""'~-.-' '.C.,-, ;"I'..1:"""'lllYi\A- (") CJ r~, ~,- ,- C "' ~ a .-"\ ::..,.~ -OG q rn fT C1 -, <- .."~ I ~~S~": I.'...J -</. l./ c; ~-;"'1 --:;:::;; -- -~~. ~~? l) j;8 i'J c.j -< z :.n :~ =< 11"' -<. !WM~""'I1"""~ ~_~~~,1~~~;!;\l,",,"":m'~~m~;~~,;~~WB1~il!I!f'ij~~I!;1!]l!I"'i~m:M!lf~m~._ , Washington Mutual Bank -vs- Frank M. Romito, Jr. and Bonita J. Romito In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2163 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Law Journal Patriot News Share of Bills 30.00 14.07 15.00 15.00 .50 1.00 6.82 1.07 15.00 20.00 30.00 293.30 252.45 23.15 $ 717.36 pd by arty 12/07/00 Sworn and subscribed to before me so~~ R. Thomas Kline, Sheriff This .2/M-'dayof ~..) 2000, A.D. ~ () lhdl<. / ~. r thonotary Byjf;"A U- Real Estate Deputy ~ \.($0 m 30"7.)-\ ~, Jo:'- '1/9 - ~- " . ~ r- ~~-~~ - I Washington Mutual Bank CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS :' Frank M. Romito, Jr. Bonita J. Romito CIVIL DIVISION NO. 00-2163 Civil Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) Washinlrton Mutual Bank, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 51 West Keller Street, Mechanicsburl!. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Frank M. Romito, Jr. 51 West Keller Street Mechanicsburg, PA 17055 Bonita J. Romito 51 West.Keller Street Mechanicsburg, P A 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every j!ldgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Green Tree Financial Servicing Corporation 7360 South Kyrene Tempe, AZ 85283 Washington Mutual Bank 505 South Main Street Orange, CA 92868 ,- . <c'""" ~, " 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 51 West Keller Street Mechanicsburg, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 22. 2000 DATE ~~4;1;Q~~-- Attorney for Plaintiff - I ""~~' . Washington Mutual Bank Plaintiff, CUMBERLAND COUNTY v. No. 00-2163 Civil Frank M. Romito, Jr. Bonita J. Romito Defendant(s). August 22, 2000 TO: Frank M. Romito, Jr. Bonita J. Romito 51 West Keller Street Mechanicsburg, P A 17055 --THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT ADEBT AND ANY INFORMATION OB.TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- Your house (real estate) at 51 West Keller Street. Mechanicsburl!. FA 17055, is scheduled to be sold at the Sheriffs Sale on December 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by Washinlrton Mutual Bank (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the March 7, 200 I Sheriff s Sale. .-" NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERITF'S SALE To prevent this Sheriff-5..Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) -563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. . ,-,~ , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAYE.XOURERQI'ERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DO'ES TAKE PLACE. ' 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. . . 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To"'!"''''' find out if this has happened, you may call (717) 240-6390. 0",,, ;i,"- 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened..., ,.;. 5. You have the right to remain in the property until the full amount due is paid to the'Sh~ritt,..r;'~i~~if< and the Sheriff gives a deed to the buyer. At tb~t tinJ,e, the buyer may bring les;al proceedings to evict you. . '.' ,;'i.\!i!i:,:~~&fi~lj~\ 6. You may be entitled to a share of the money which was paid for your house. A schedule of '" . '. , distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money. Thenioney will be paid out in accordance with".~,.~..,! this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the;,*,#~;;~~".'..~~ Sheriff within ten (10) days after the distribution is filed. ',C;,!,:';'!;j;'i'i\i,' {:_,~;-, ;;;-~:';;f-",1)"~;:: ,", 7. . You may also have other rights and defenses, or ways of getting your home back, if you a.ct' . immediately after the sale. YOU SHOULD TAKETIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 "'.,;_, ,f{:~,,:,,. I "' ,..f'." ,'.-,,,(,,,1-,,, . . DESCRIPTION ALL THAT CERTAIN House and Lot of Ground siruate on the South side of West Keller Street, in the First W3.rd of the Borough Of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylv3.nia, bounded and described as follows, to wit: BEGINNI='IG at a point 3.t corner of Lot now or formerly of Charles Glenn and said West Keller Street; thence along said West Keller Street inan Eastwardly direction, a distance of twenty-seven (17) feet. to a J.loim ill the line of Lot ~Qw or formerly of Charles Eppley; thence along the line of said Lot now or formerly of Charles Eppley, in a Southwardly direction, aa distance of one hundred forty (140) feet, more or less, to a poim in a public Alley; thence along said Alley in a Westwardly direction, a distance of twenty-six (26) feet to a point in the line of Lot now or formerly of Charles Glenn, aforesaid; thence along the line of said Lot now or formerlv of Charles GleIiIJ. in a - . Northwardly direction, a distance of one hundred forty (140) feet w a point in said West Keller Street, aforesaid, at the point and place of BEGINNING. ' HA VING thereon erecled a two and one-half storv frame dwelling, known and numbered as 51 . - West Keller Street, Mechanicsburg, Pennsylvania. L\X PA,RCEL #16-24-0787-023 TITLE TO SAID PREMISES IS VESTED IN Bonita J. Romito and Frank M. Romito, Jr., wife and husband, by Deed from Bonita J. Romito and Frank M. Romito, Jr. wife and husband, dated 4/23/99, recorded 4/29/99, in Deed Book 198. Page -\.68. '''-=,' :"')f. "~.... .~, . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2163 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: Washington Mutual Bank To satisfy the debt, interest and costs due PLAINTIFF(S) Frank M Romito, Jr., and Bonita J. Romito, 51 W. Keller St., from Mechanicsburg PA 17055. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 51 W. Keller St., Mechanicsburg PA 17055 (See attached legal descripton.l (2) You are also directed to attach the property of the defendant(s) not levied upon,in the possessiqn!i)f GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defeflelaRt{-s)-and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjectto attachment is found inthe po!;session of anyone other than a named garnishee. you are directed to notffy him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,936.72 L.L. $.50 Interest 6/6/00 - 12/6/00 $1,773.27 Due Prothy $1.00 Atty's Comm % Olher Costs Atty Paid $122.20 Plaintiff Paid Date: August 25, 2000 CURTIS R. LONG by: Deputy REQUESTING PARTY: Name Frank Feder~an, Esquire Address: Two penn" Center Plaza, Ste. 900 Philadelphia PA 19102 Attorney for: Plaintiff TelephOne: (215) 563-7000 Supreme Court 10 No, 12248 <gil-~_, I ^ ~I . "' '" REAL ESTATE SALE No. ~I on ~ 3/,"J-o-ro the sheriff levied upon the defendants tnterest In the real property siturlted in411 () -' a. AI'....,.., In 7) ~~ Cumberland County, Pc, {,timbered as:,)1 c.J1lA ~ /.,/t~ )I (/VIh a _"-,, tl'r and mo:'''u on Exhibit" A" filed with this writ and by this reference !i1corporated herein. ""e:0>, rd 1/;;>od ay;iJir:.p.~ - ~ ~ ~ \of ""t' , "1 t ; ~"-~ II/,\ ; ) C' ~. I ~ I'" J ~'I"-i ,~,! -: ,) ,": (j .:J (.1 ";1 DO, 51/ 01 DE ~f1V' >>.LiNiH", " .:l:l:/:I!l1f1fc' ~I ' , J ,mol --.;;' I_'f .'.- 3t} J-nl~:?1-b,1 " ~~ ,..,.,." ,", c_, '~.~,=.",~ ."'", I. ~.= II'!'l , . ,"'.' .. f"if,~_~J!!~~~"",,,,~_l;~R~!P!~~ -~IIIIlI!JJJi!i~.~!_~,\ "",-,. """,~, FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET ORANGE, CA 92868 ATTORNEY FOR PLAlNTITF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 60 - ';;'1 t,.,J Cu~L~ v. CUMBERLAND COUNTY FRANK M. ROMITO, JR. BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, P A 17055 Defendant( s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 yon 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 TillS PAPER TO YOUR LAWYER AT ONCE. IT 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0011455862 I 1. Plaintiff is WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: FRANK M. ROMITO, JR, BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/23/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1538, Page 72. PLAINTITF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." -"""'-, -" . ~ " ".-+"" 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/99 through 4/1/00 (per Diem $18.38) Attorney's Fees Cumulative Late Charges 4/23/99 to 4/1/00 Cost of Suit and Title Search Subtotal $50,940.25 3,363.54 2,547.00 304.47 550.00 57,705.26 Escrow Credit Deficit Subtotal 0.00 0.00 0.00 TOTAL $57,705.26 7, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. 91680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTITF demands an in rem Judgment against the Defendant(s) in the sum of $57,705.26, together with interest from 4/1/00 at the rate of$18.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. :r~r~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I"" ,,-, ~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: January 28, 2000 FORECLOSURE TO: Frank M. Romito, Jr. 51 West Keller Street Mechanicsburg, P A 17055 Bonita J. Romito 51 West Keller Street Mechanicsburg, PA 17055 THIS F1RM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Specific information about the nature of the default is orovided in the attached Dages, . The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save vour home. This Notice exolains how the orogram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseling Agencv. The name. address and ohone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. lfvou have anv auestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (Persons with imoaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFlCACION EN ADJUNTO ES DE SUMA lMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCAClON OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDlDA DEL DERECHO A REDlMAR SU HIPOTECA. t=,)t\'\\e\l ~ ~. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Frank M, Romito, Jr. and Bonita J. Romito PROPERTY ADDRESS: 51 W. Keller St.-Mecbanicsburg, PA 17055 LOAN ACCT. NO.: 0011455862 ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDER/SERVICER: Ameriques! Mortgage Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSIST Al"1CE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE FA YMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOlYlEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Acr, 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 one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR . MORTGAGE DEF AUL Tn EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseline aeencies listed at the end of this notice the lender mav NOT take action aeainst vou for thirtv (30) davs after the date of this meetine. The names. addresses and teleohone numbers of desienated consumer credit counseline aeencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTL Y. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlATEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. E.XH\B\T A -, '-'I .~~ - -kfft,:,"_ AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They wiIl be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings wiIl be pursued against you if you have met the time requirements set forth above. You wiIl be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UD to date). NATURE OF THE DEF AUL T- The MORTGAGE debt held by the above lender on your property located at: 51 W. Keller St.-Meefianicsburg, P A 17055 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 11/1/99 thru 1/1/00 at $563.77 per month, Monthly Payments Plus Late Charges Accrued $1,928.12 NSF: SO.OO Inspections: SO.OO Other: $0,00 (Suspense): SO.OO Total amount to cure default $1,928.12 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aDDlicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,928.12,. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE. THIRTY (30) DAY PERIOD, Pavments must be made either bv cash. cashier's check. certified check or monev order made Davable and sent to: AMERIQUEST MORTGAGE COMPANY, 505 South Main Street, Suite 6000, Orange, CA 92868, Attention: Collections Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use irnot aDDlicable,) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rigfits to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure UDon your mortllalle orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY Deriod. vou will not be required to pav attornev's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. E)(.H\B1T A t . - -, -, ~ I RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and Drevent the sale at anv time UD to one hour before the Sherifi's Sale. You mav do so bv Davine the total amount then Dast due. Dlus anv late or other charees then due. reasonable anornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as sDecified in writine bv the lender and bv Derfonnine anv other reauirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's 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 fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMERIQUEST MORTGAGE COMPANY . 505 South Main Street, Suite 6000, Orange, CA 92868 Phone (800) 430-5262 Fax (713) 835-0739 Contact: Collections Department, exl. 5931 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. 1fyou continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. . YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. . TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, AMERIQUEST MORTGAGE COMPANY Cc: Ameriquest Mortgage Company Attn: Collections Department Account No.: 0011455862 Mailed by 1" Class mail/Certificate of Mailing and Certified Mail No: Z 215 965 199,200 ~){r\\ar( 1\.. - --, , - - Penn~ylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lycomi::g-Cli::ton Counties 2CommlSs'on For Community Action (STEP) 138 Lincoln Street P. O. Box 1328 W.;UiAmspor-:, PA 17703 (5.0) 326-0587 FA."'l: (570) 322-2197 CCCS of Northe3.Stern Pi\. 201 Basi:: St;-eec - W:illiamspor-:, PA 17703 (5,0) 323-6627 FA."'l: (570) 323-d626 CLlN'I'ON COUNTY CCCS of Northeastern p.i\. 1631 S Athel'tCn St - Suite 100 State College, PA 16801 (81~) 238-3668 FA."'l: (81~) 238-3669 COLUMBIA COlJ!'o"l'Y CCCS of Northeastern Pennsvlvania 1400 Abington Exec-..ltive Park Suite 1 Clarks Summitt PA 18411 (570) 587.9163 or (800) 922.9537 F......"'l: (570) 587-913419135 31 W. Market Street POB 1127 W1lkes.Barre, PA 18702 (570) 821-0837 or (800) 922-9537 F......"'l: (570) 821-1785 Commission on Economics Opportunity of LU%erne Count-J 163 Amber Lane W1lkes.Barre, PA 18702 (570) 826-0510 or (800) 822-0359 F......"'l: (570) 829-1665-CALL BEFORE FA.'IDl'G (570) 455-4994 HAZELTON F......"'l: (570) ~55-5631-<;ALL BEFORE FA.'IDl'G (570) 836-~090 TUNKH.-'.i.""1.mCK Booker T. Washi::gton Center 1720 Holland Street Erie, PA 16503 (814) ~53.57 4-1 F......"'l: (814) ~53.5749 John F. Kennedy Center, Inc, 2021 East 20th St:-eet Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of We.tern Pennsv1vania, Inc. 2000 Lingle.town Road' Harr'.sburg. PA 17102 (7171 541-1757 U rbao League of :Ylel:ropolitan Harrisburg N. 6th Stre<!t Harrisburg, PA 17101 (717) 234.5925 FA."'l: (717) 23~-9459 Community Action Co= of the Capital Region 151~ De,.,..,. Street Hamsburi-. PA 17104 (717) 232.9757 F......"'l: (717) 234-2227 CRAWFORD COUNTY Greater Erie Communit-J .-\<:tion Committee 18 We.t 9th Stre<!t Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley U man League, lnc 601 Indiana Avenue FarI"l!1l, PA 16121 (412) 981.5310 CUMBERLA.'lD COUNTY Fino",.;o1 Counseling Services of Franklin 31 West 3rd Stre<!t Wayuesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Stre<!t Carlisle, PA 17013 (717) 243-3818 FA."'{ (717) 731.9589 Adams County Housing Authorii:"J 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 F......"'{ (717) 334-8326 E.)C.ruerr ~ ?,' I~' , PENNSYl.VANIA BULI.ETIN, VOL 29, NO. 2:l, JUNE 5, 1999 . ALL lhal certain House and Lot of Ground situate on the South ~d.. of West Kcller Street, in thc First Ward of the Borough of MeohanicsburS. County of Cumberland and Commonwealth of Pennsylvania. bounded iI%Id. dcsc:ribed as follows, to-wit: BEGlN.NING at a point at comer of Lot now or formerly of Charles Glenn and said.W cst :Keller Street; thence along said West Keller Street in an Eastwardly direction, a dista.I1ce o{tWenty- . sc:VCJ:I (27) feet 10 a point in the. line ofLat now or formerly of Charles. Eppley,' thlOl1cea1ong tha line of said Lot now or fonnerly of Charles Eppley, in a Soathwardly diret:tion. a distance of one hundred fa:rty (140) feet, more or less, to a point in a public Alley; thel10e along said Alley in a WeStwardly direction. a dist;lflce: of twenty-six (26) feet to a point in the: line of Lot now or fonnerly of Charles Glenn. a.fol:esaid; thance lllong thc line of said Lot now or {oanerly of Charle. Glenn in a Natthwarclly .dil~c:tiOn, a distance of one hunc1red faTty (140) feet to a poinl in said West Keller Street, aforesaid, at tho.' poinl mcl place ofBEGINl'lING. PREMISES: 51 WEST KELLER STREET . . >-.. "~ "un . ~ 'r " " ---., ~~" VERITICA nON JAMES BROWNELL hereby states that he is FORECLOSURE SPECIALIST of AMERIQUEST MORTGAGE COMPANY mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 2jfi.w-D ~ QfL DATE: 1//7/U 0 / I , . .,- -,-- " " \ , SHERIFF'S RETURN - REGULAR CASE NO: 2000-02163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROMITO FRANK M JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMITO FRANK M JR the DEFENDANT , at 0015:04 HOURS, on the 17th day of April 2000 at 51 WEST KELLER ST MECHANICSBURG, PA 17055 by handing to BONITA J. ROMITO a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ;!""'~~lI'~~"' R. Thomas Kline 04/18/2000 FEDERMAN & . Sworn and Subscribed to before By: ''"' ~ 7 day of me this ~:JI e2ovo A.D. Cjp~thoc2"t::y IJP", I A~' ", , ~ ~- r . SHERIFF'S RETURN - REGULAR CASE NO: 2000-02163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROMITO FRANK M JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMITO BONITA J the DEFENDANT , at 0015:04 HOURS, on the 17th day of April 2000 at 51 WEST KELLER ST MECHANICSBURG, PA 17055 by handing to BONITA J. ROMITO a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Pocketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r'f/t?~~e:~t R. Thomas Kline 04/18/2000 FEDERMAN & Sworn and Subscribed to before By: me this t>;:> /q ~ day of ~ .;;L1}""lJi) A.D. Cf-t'- (l YlA .o~. , ^Jtpli; rothonotary ~ . , ~ ~-.""" <, , . FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No, 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank 505 South Main Street Orange, CA 92868 : Cumberland COUNTY : COURT OF COMMON PLEAS Plaintiff vs. : CML DMSION Frank M. Romito, Jr. Bonita J. Romito 51 West Keller Street Mechanicsburg, P A 17055 : NO. 00-2163-Civil Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against Frank M. Romito, Jr. and Bonita J. Romito, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 4/1/00 to 6/6/00 $57,705.26 $1.231.46 TOTAL $58,936.72 I hereby certifY that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (j",e.,.. 1. ,UlJ1J ~1A7,~ ~~k~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** '--' , ," . 'FEDBRMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAK BANK COURT OF COMMON PLEAS ,; , Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY FRANK M. ROMITO, JR. BONITO J. ROMITO NO. 00-2163-CIVIL Defendant TO: BONITO J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA PA DAT~ OF NOTICE: MAY 25. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the cou~t your defenses or objections to the claims set forth against you. Unless you act wi thin ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 70 13 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff , -''0 ~-- . -., Y. . 'FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAK BANK COURT OF COMMON PLEAS .; Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY FRANK M. ROMITO, JR. BONITO J. ROMITO NO. 00-2163-CIVIL Defendant(s) TO: FRANK M. ROMITO, JR. 51 WEST KELLER STREET MECHANICSBURG, FA 17055 DATE OF NOTICE: MAY 25. 2000 THIS fIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A. DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff - ~~, ~ . ,_,_'__,_ ,_ . ^ ,T_ "" '" r '- ~. -" " SHERIFF'S RETU~N - REGULAR CASE NO: 2000-02163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK :I. VS ROMITO FRANK M JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMITO FRANK M JR the DEFENDANT , at 0015:04 HOURS, on the 17th day of April , 2000 at 51 WEST KELLER ST MECHANICSBURG, PA 17055 by handing to BONITA J. ROMITO a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~-.~ct:~:- R. Thomas Kline 04/18/2000 FEDERMAN & puty Sheriff Sworn and Subscribed to before By: day of me this A.D. Prothonotary ,~, ~~ ..~ -,~'-" --,-~- . ., " SHERIFF'S RETURN - REGULAR CASE NO: 2000-02163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK J " VS ROMITO FRANK M JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMITO BONITA J the DEFENDANT at 0015:04 HOURS, on the 17th day of April 2000 at 51 WEST KELLER ST MECHANICSBURG, PA 17055 by handing to BONITA J. ROMITO a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 ,00 10.00 .00 16.00 So Answers: ~~~ct:~! R. Thomas Kline 04/18/2000 FEDERMAN & Sworn and Subscribed to before By: me this day of A.D. jlDep ty Sheriff Prothonotary ~., -'co'": I' - d='~_ r~ -c .,., ~~ ...., VI ~.' f.~"""",,,,_~, ~ ,~_~. ,_'=' I[ " .~" ., ^ -, . - ,~. -- . _Jll!lII~. '._,_ r.~ '"- H' ", .". ~ ~-. - "" ,-,' "~'-- " 0 C, 0 C C1 -oS: -n <- --{ lTl t.q c::: i:7iJ] _ ['Ii :2' Z::r,) Zr'" ;,~!t? 0)1; -.j ~e:; ~ ~' :? :~c) :t> _, "-:-"1". 'Z:' .' -'" {'):!J '--0 ''7 C) 'Pc: (sm ~ ::;;.1 .\-- ~o -< -J \ f .:t:, ~ c;::> l J1 '* -0 2- b' e; ~. \ C' ,S , __,~~~1~1!Ij]'iiiW'$~_"""".".,.."_~!I!lll~~~~ " . (Rule of Civil Procedure No. 236 - Revised) Wilshington Mutual Bank : Cumberland COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION Funk M. Romito, Jr. Bonita J. Romito : NO. 00-2163-Civil Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on June '7 .2000, By C)Uf/11 0 ~ I DEPUTY lfyou have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PIDLADELPHIA. PA 19102 (215) 563-7000 **TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ". ',' "r FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank : Cumberland COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION Frank M. Romito, Jr. Bonita J. Romito : NO. 00-2163-Civil Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant Frank M. Romito, Jr. is over 18 years of age and resides at 51 West Keller Street, Mechanicsburg, P A 17055. (c) that defendant Bonita J. Romito is over 18 years of age, and resides at 51 West Keller Street, Mechanicsburg, P A 17055. Ibis statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. ~~ FRANK FEDERMAN Attorney for Plaintiff :' ","- ""'... I'" ~~I~ ,,__~_ . ~ ~ -'. ,~""'~~p~., -~. ,,-~ ~-'..- . '" ., --." ~- !'1ll!li !!'~"'l~~~"".~~ r", ,,'~', -.. (") lJ~S n-'Irn ~r~l (f)J::: ~~i:~ ~8 .~ .~ .-j -<. o CJ c. s: ""',"" o -n n..1 ~--[.; -n ';'f::;:: ;]~ g~ ~ ~ I -_I -", .t::- ,,~""'~~;~~~~~ ..r/" ~__.. WASHINGTON MUTUAL BANK CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS FRANK M. ROMITO, JR. BONITA J. ROMITO CIVIL DIVISION NO.OO-2163-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) WASHINGTON MUTUAL BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 51 WEST KELLER STREET. MECHANICSBURG. PA 17055 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) FRANK M. ROMITO, JR. 51 WEST KELLER STREET MECHANICSBURG, PA 17055 BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None ',,,~ <r', ~ 'r"_ .--, 'I ,~ i -'" ....... 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREEN TREE FINANCIAL SERVICING CORP. 7360 S. KYRENE TEMPLE, AZ 85283 5, Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest rnay be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Tenant/Occupant 51 WEST KELLER STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of rny personal knowledge or information and belief. I understand that false staternents herein are rnade subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 29.2001 DATE ~~~,- ~~ , 1\, _ .~"' ~ _, e _" 0' ,~_ ,'" .11]1 'fl- ,,~' ,1't'~~ ~ ~. ". -_..,.-"I~p~". ~, ".- ~ 'r ../. .~. 0 C';, C ::0- m ""005 r'1 -n ~m "'0 f";: :rJ Zr,:;. ::~1r':j _I .",;.,.J"e" ~2~ ~~~ ~CI -0 ~;O ~J::: ~g ~ 6rn --, ~ i'V ~ <)0 H_' _....."""",~lrnlf.!Il!lfP"(l~'" ",~ ~" ~.~~!!lfj\'!1.~~~.__ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Snburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO.OO-2I63-CIVIL Defendant{s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is rnade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, ~ ~ ,. ,<-- ~' " ~".-.~ . '.....,...~ .-,.!!~~- "~ ,-, 4 "'. ~ ~ ~""",..~",,= .~ Q c> 0 ~ -q U) .~f, -oeD 1""1 :1: _~ ~SB .." "n ,,,jJ . . ~-- zr;:: I ~i',n' JJC;J ~~;- -~ I:~,)'~~., kG '"1(j ~~~ ')>c' :it Z " ;;:;0 ;'1 c ;~ -, f':;' ~. =< ':Xl (;0 -< "" "0 >!(~m.ii!~ft1f,l'~"''"'''''''~''''~<II'!lJiP~I!R\jlj'!!~''!l'Jl''lll!lliij!,U~~~lIl''~~ ~ i W ASIDNGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY v. No.OO-2163-CIVIL FRANK M. ROMItO, JR. BONITA J. ROMITO Defendant(s). August 29,2001 TO: FRANK M. ROMITO, JR. 51 WEST KELLER STREET MECHANICSBURG, PA 17055 BONITAJ. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 ."THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 51 WEST KELLER STREET, MECHANICSBURG, P A 17055is scheduled to be sold at the Sheriff's Sale on DECEMBER 5, 2001 at 10:00 a.rn: in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may can: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was irnproperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. 1--- -- ",. ) You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney,) yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ,~ .~ "0 .'..0.""","",,'0'- / ALL TH.\ T CERT,\I:.i House and Loe of Ground situate on the South side of West Ketler Street, in the Firsr \Y::Ird of rhe Borough of '\;lechanicsburg, COUntY of Cumberland and Commonwealrh of Pe:U1sylv::lni::l. bounded ,md described ::IS follows, co wir: BEGI:.iNI:.iG ::Ir ::I poim ::It comer of Lot now or formerly of Ch:lfles Glenn ::Ina said Wesr K:ller Street; rhe::tce along said Wesr Keller Screer in an East'.v::Irdly direcrion, a disrance of twenty-seve::t (27) feet co a poim in the line of Lot now or formerly of Charles Eppley: thence' along che line of said Lot nO'.\1 or formerly of Ch:lfles Eppley, in ::I Southw::lrdly direction. aa distance of one hundred forty 0-+0) feet, more or less. co a poim in a public .\lley: che::tce along said Alley in a \Yesrwardly direcrion. a distance of rwemy-six (26) feet co a poim in the line of Lor now or formerly of Charles Glenn. aforesaid: chence along the line of said Lot no\v or formerly of Charles Glenn in a Northwardly direction, a distance of one hundted forty (1-+0) feet to a poim in said West Keller Street, aforesaid, at the polm and place of BEGI)[NI)iG, HA VI:.iG thereon erected a two :md one-half story rr:une dwelling, known and numbered as 51 Wesr Ke!1er Srreer, Mechanicsburg, Pennsylvania. TAX P-\RCEL ,*'16-2-+-0787-023 TITLE TO SAID PRE~IISES IS VESTED IN Bonira J. Romico and Frank: M, Romiro, Jr., wife and husband, by Deed from Bonita 1. Romiro and Frank: M, Romiro. Jr. wife and husband. do.red 4/23/99, recorded -+/29/99, in Deed Book 198. Page '+68. "',=~,_ 1~.V" , - '-1 . ~ 0"". " . ~ ,~- ,. -, <,~" 'II - - '1""* - """,,~lif _,,"'~' ... -~- r -, o c g;: -or,;) rom ~?2 -'-- '-97- ~c} ~(~ j;:O ~ I::; - --, " ~.~~ U'l t"'! -0 I :;\-~~~ , :';;f~ v.3 :,9, L g~ ;:5 rrt __I "'?" ~ _-1 -0 :& (.,V .. \"-" u:> ~O. ~~ ,_~_~~_""''''''''"_'i'_..k~':_'~'''IIi;;<'la1!if<.;~i1;!0le'H"i1l11''':'ii;-ii!i-~~I!I~!Il!l1l!:;r]ll~ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA oc, I ( 4 C:;;5?k 2 ~(It~i)+ IN RE: Frank M. Romito, Jr. Bonita J. Romito Bk. No. 00-05295 RJW Debtors Chapter No. 13 Washington Mutual Bank Movant v. 11 U.S.C. ~362 Frank M. Romito, Jr. Bonita J. Romito Respondents Motion of ORDER MODIFYING ~362 AUTOMATIC STAY AND NOW, this ~'6 rrJ- day of '~L~ Washington Mutual Bank, (Movant), it is: , 2001, upon ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the Bankruptcy Code 11 D.S.C. ~362 is modified with respect to premises 51 West Keller Street, Mechanicsburg, I?A 17055, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser' s assignee) to take any legal action for enforcement of its right to possession of said premises. ORDERED that Rule 4001 (a) (3) is not applicable Washington Mutual Bank may immediately enforce and implement Order granting Relief from the Automatic Stay. Is/RcbertJ. WOodside ROBERT J. WOODSIDE Chief Bankruptcy Judge and this cc: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Charles J. Dehart, III, Esquire (Trustee) P.O. BOl< 410 Hummelstown, PA 17036 HARRISBURG PA James K. Jones, Esquire 7 Irvine Row Carlisle, FA 17013-3019 I FI~ED i JUN28m I ICIPr~~ p, I : ' " , , ~'lr1;{rUptcy Court - Frank M. Romito, Jr. Bonita J. Romito 51 West Keller Street Mechanicsburg, PA 17055 ","~, , , e,'___ '.,",- "., I I 'I I, ii II I, i\ li " I, , '- ~~,n _. -, ". ~"" n" - _~Ifl.~",w ~,' " -~> _UlI o ~ ",.."".".')^'<,,!,,,, ,< _ ,n . ,,~ .',-", ".'",^, ~. " ~ ~~~ . ,..,~~ - ,~ '.'-",.',-, --'<" 8 (::.') ('). ~ ~h '1J lii rJ') ~rn r',", :1':' " " ii:S; , f''''''' -(lf1'.' ~,c. "--J ~~~ ;<:::C; -r" ~n ::ll: :>0 c (.,.) i::}m z --.j =< '''> :c' ,:'~) :::0 -< .. _,-,'",r;<;;~It"1~"jil"'Wl\!''fi'''~~r'mi!~lWoi!'Effl!il'''~~I~~im'lillll!m~l~ . ... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY v. No.OO-2163-CIVIL FRANK M. ROMITO, JR. BONlTA J. ROMITO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above rnatter: Amount Due $58,936.72 Interest from 6/6/00 to 12/5/01 (per diem - $9.69) TOTAL $5,300.43and Costs $64,237.15 F DE NE PENN CE UITE 1400 HILADELPHIA, PA 19103 Attorney for Plaintiff , ESQUIRE ER at SUBURBAN STATION Note: Please attach description of property.No, "-' . . ~ ~ -" r..;:$ Z 0 o~ ... Eo< "';> ~ 0 >;l -<..l ~E:: U r.1... ~ ~'E' ==~ ...~ !Xl ~~ r.1 ;l Zz ~ r.. 0 ~~ ... . o~ ~... Eo< .. ~ .; ~~ 6l~ O~ :>- .~ ~~ u>;l ~ ~o ~~ r..o ~!Xl :1 Ou Eo< ~ Eo< ~ ~~ ~ ... 8; U ~ ~ r.1r.1 ==!Xl Eo<~ ~>;l U , " i I i i' [I " ~ !I ~ I, II l' :1 iJ q ~ co ~ N ':7 t-" (vi :5::;; w~~ 0:;;; Q-l::1 :lC 0",- fl--"'r-" a.. ~~ ::i [~. >- ~(.::., "':;Y t.,.!c> r- ~~r" (/) -;." U::. I i~ifi m". ....J 0- W t:i: W rDn. en ;;;; l1~. ~ 0 0 ~ '- .. .. " - ~ ~ " , ~J ~ ~ ::;- .. , " .. I I I , f C () () .,J () 0 \) () <l o .., ~ 0 0 ~:;. ...;t-: ~~~ ~""l ....~ .j o co t ~ , ",-, ~, ,~ , ~ ~. "~-. ~ . on on Q r-- .... -< ~ g >;l !Xl '" U ~ == U r.1 ~ ,.; r.1 ~ 13 ~ :>- .... ~ Q) OJ r.1 Q) ..l .n ..l ~ ~ S Eo< OJ !iJ '" ~ ~ "" .... ~ on ;,; OJ 13 j - .~ ~ , --.D ~ ~ Q-. ['( fg .J (3 ...... ::::: <) ~ 11 Ii.. \) ~ ;:; . ~ - ,,,,,,",,,",~~lif _1!'11._ -_!lII!I"~ M~~~'W:O!ll!',",." '_' -"'~~ .~w",'~'y~.e:-'"'J'lf,i;!''''~''''''''Ji!!)~i;>\ , ---~, T~~~~ --~""~'~I, """ # ALL IHA T CERIAI~ House and Lot of Ground siru:lte on the South side of West Keller Street. in the First \Vard of [he Borough of ~!echanicsburg, County of Cumberland and Commonwe:J.lth of Pennsylvani:J.. bounded :ind described as follows. to wit: BEGI)j~I)jG at a point at comer of Lo[ now or formerly of Charles Glenn ana said \Vest Keller S[reet; [hence along s:J.id West Keller Street in an E:J.stwardlv direction. a distance of twemv-seven - . . (27) fee: to a point in the line of Lot now or formerly of Charles Eppley; thence along the line of said Lot rrow or formerly of Charles Eppley. in a Southwardly direction. aa distance of orre hundred forty 0.+0) feet, more or less, to a point in a public Alley: thence along said Alley in a \Vestwardly direction. a disrance of twenty-six (26) feet to a point in the line of Lot now or formerly of Charles Glenn, aforesaid; thence along the line of said Lot now or formerly of Charles Glenn in a Northwardly direction, a distance of one hundred forty (1.+0) feet to a point in said West Keller Street, aforesaid, at the point and place of BEGINNING, HA VI~G thereon erected a two and one-half stOry frame dwelling, known and numbered as 51 West Keller Street, Mechanicsburg, Pennsylvania. TAX P,\RCEL #16-2.\-0,8,-023 TITLE TO SAID PREMISES IS VESTED IN Bonita J. Romico and Frank M, Romico, Jr" wife and husband, by Deed from Bonita J. RomitO and Frank 1101, RomitO, Jr. wife and husband, dated 4/23/99, recorded '+/29/99, in Deed Book 198. Page '+68. .. , -~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL RULE AND NOW, this ,5;"" day Of~ , 2001, a Rule is entered upon FRANK M. ROMITO, JR. & BONITA J. ROMITO, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE ;'0 tV' - 7v~ ~p-' BY T ~; . '~ !- r::, ft.'* ~, .-~... ~ '0 , ,~~IQ;n,\o',w~~'~~~~*"""~J" --""'- ~~W__hllii.!.f , L "'~>~~, - ., lk....... -~ >-((~-:ICt: ,"'j. '--:,i,<)Tf'HY DI nn:.::; FI'1 I,: 24 CUM8i::HU\iiD COUNTY PENNSYLVANIA ~ -~- ,~ 0'''1 , FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 1215\ 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL ORDER AND NOW, this day of , 2001, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 11/1/99 through 12/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 50,927.91 13,849.84 304,47 2,547.00 1,521.00 717.36 100.50 325.00 0,00 1,072,00 TOTAL $71,365.08 Plus interest per diem from 12/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES, BY THE COURT: J. . c _, ,. "~ 'T-, FEDERMAN AND PHELAN by: Daniel G, Schmieg, Esquire Atty. I.D, No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter/and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated on JUNE 7, 2000 in the amount of $58,936.72. 2. A Sheriff I s Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant (s) filed a Chapter 13 Bankruptcy (#00-05295RJW) filed on DECEMBER 5, 2000. Plaintiff obtained relief from the automatic stay by the Order of Court dated JUNE 28, 2001 3. The mortgaged premises are listed for Sheriff I s Sale on DECEMBER 5, 2001. 4. Additional sums have been incurred or expended on Defendant (s) I behalf during the time the sale was postponed or -,,, . I stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 11/1/99 through 12/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 50,927.91 13,849.84 304.47 2,547.00 1,521.00 717.36 100.50 325.00 0,00 1,072.00 TOTAL $71,365.08 5. Under the terms of the mortgage, Plaintiff is entil~l('d r-~-, i r' " of the figures set forth in paragraph four in the amount ot i'Jdgment ,'-J II ~ the Defendant(s). WHEREFORE, Plaintiff respectfully requests this llt):,::,,- 11. ','!I' Order to the Prothonotary to CC'"'C"'o3~~ tortn aoo\}.::.' . Daniel G. Schmieg, ESQUTr~ Attorney for Plaintiit -2- :'<:c_ 0,- ,_ , , . FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I . BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissorv l\Jc<>-, i:- Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, lJ l2re5:: I late charges, real estate taxes, hazard insurance prernlums and n!vI r._:.jQ"_]C insurance premiums as said roonies became due. In turn, Plaintiff' s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub ludicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous I promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. '\,~," ... , . II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are siJ(-,(\t_- ',,'i ,-1-, .-, issue of Reassessment of Damages; however f hull.:.' Prothonotary shall assess damages for the amount which Plain! iff ~_ it is a sum certain or which can be made certain by compLitot-'--ofl. instant case, the amount to which Plaintiff is entitled is readil Y l:a L..'lA; d t i; by review of the Mortgage Agreement, which is of record, together wi lh t I 'e Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in pennsylvania that the Court may exercise its equi table powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L,E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Horne Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) , In Chase Home Mortoaoe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protectlng the property. See Meeo Realitv Company v. Burns, 414 Pa. 495, 200 P-..:::J -r~l-, (1971) . Plaintiff submits that if Plaintiff went to sale without reas.seS:.;l[iCj damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able rr- monies it paid to protect its interest. Conversely, a reassessment of ddrllagc~ J_ <. ~ will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff I s judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant i I-os Pet-" ')"; r Reassess Damages. Plaintiff respectfully submits that it r-,a~: 0'1,,'-.1 faith in maintaining the property in accordance with the H01-tr:.-FHJl'--', reliance on said instrument with the understanding that it would recover the monies it expended tC) f- r(;L'~ r its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court tc reassess the damages as set forth in the Petition to Reassess Damages. OO"D DANIEL G. SCHMIEG, ESQUIRE '"-,",, .'_c ',',-' . . :' ',.,....,. - -- ~ - l.oJ..... ." , p>=Cci'\I.:r'j ~ :',',.. I,' ..'\_. J...III, ~ L.... 1'...._ 8al\ ...Zt .-/,' / ,? ~ ~ 3/"S " " FEDERAL NhTIONi\L ~IORTG1,GE ASSOCIATION C:OUR7 OF COMMON PLm\S l'H!L~.DELPllIi\ CO.Utl'rY C!V~L TRIAL DIVISION vs. . JOSEPH JEFFERSON' and. , ROSIE JEFFE.!<SON, hi,. ',;ife . .' lo\i\Y '!ERM, :1962' j,,., NO . 235 9 ~ ."}j ~ :' ORDER AND OPINION I I I 31700, I WRITE, J. AND NOI~, this '. 7' day of ;,. rea UPon consideration of Plaintiff: Fedcra,l National t10rtgaQc As$ociatiOn's Petition for Reconsideration Nunc Pro Tunc of this Court's Order of November 7,1985 and the Answer th"r"to of Defendants, Joseph Jefferson and Rosie Jeife:son, it is hereby'ORDERED and DECREED as'fo110WS:1 1) Said p~~~~on is GRANTED: 0'1". ' , ..~~l.: ,('\ Z) ~~~sr~Ottrt's Order of November 7, 1985 15 ....."',,:1"; r'.'., .,~.... r:t..... C;\.' . ::... REVERSED and <:P laintiff!' 11 'Motio~_for Reassessmont.'a; Damaqes . \" .~ ,.~,\:~-.w . '. .. _ \ ~ ,','" '. \. . ~ v GRANTED: ,\, '. . <'\Y.,)' <;>'{,~ . 3) J'u'~~~t is h~re!'i; 'incrc~~..,d to $6,147-.71. 13ecaU5(~ l'l,aintiff was required to ac(:ept CUrr(lnt mortgage payments upon the f.iling of ,Defendants' bi:tnkrupt,:y Plltition and in fact did so, it is necessary to I'cnSSl!SS the altount of da~lage,s that i.nitially were aSSE,sscd ~ft.cr judqment by default was entered in this action. Because Defendants have not refuted the specific amounts claimed - 1 - , :,~, , , /"',.1 " ,/ . ~ .}Ul.. .:.u f' ~~ J-JotJU .}V";U.II n '"''''...''''___.. ..... .- " by Plaintiff in the instant Motion for ReassesslIlcr:t, thi,. pursuant to Pa. R.C.P. 1029{c). Court finds that Defendants have admitted these amounts" EY THE COURT: ~.;:-~ THOMAS A. WHITE, J~ \ I , , 11 . - i' - "j : ' ~ .'. :'! .' . :,;. :.:' " l'" , , \. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penal ties of 18 Pa. c.s, 54904 relating to unsworn falsification t,; authorities. DATE: November 23, 2001 Oil....~ Daniel G. SChlfl_fc:-(!, Attorney for Plain~i1t ,; - ~ ,~ ,~ -~ -' , FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 WASHINGTON MUTUAL BANK vs. FRANK M. ROMITO, JR. BONITA J. ROMITO ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 00-2163-CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent [0 the individuals indicated below on November 23, 2001. FRANK M. ROMITO, JR. BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 DATE: November 23, 2001 f /,.; ~"' - Daniel G. Schmieg, Esquire Attorney for Plaintiff . , ". 0" "....,--.~" llI!!',~~" - ~~, , ~ - ~ .-~ ~:' "" '"~, ~'_r." 0 c::> 0 c -uS:- -1'/ I"'n d'= '-{ rpr.'~i C) ,- <4.~ Xl t~C::: I-'i';; ~~ 2C;;: l"" :-1 :~~:; CO Q t- , :!'""" .() ')..-;:; -. " ztJ ~- g~ i;i>Q i../? ' L.._ :7 ~ ~ :~p' ()"; .J:] .-< tR'J ~~ ~~mlI~~_~~",~ ,",<<,,_!.4'~l!lmijl"J'il!l!'P~~~__~' j'S,?:~;:~'C'~.~~~''!J'S.>:~;;~lij~ . il. ~ '.Y..t FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0, No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 /2151 563-7000 WASHINGTON MUTUAL BANK vs. FRANK M. ROMITO, JR. BONITA J. ROMITO TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 00-2163-CIVIL PRAECIPE FOR RULE TO SHOW CAUSE Kindly enter a Rule upon FRANK M. ROMITO, JR. & BONITA J. ROMITO, should not be entered. Defendant(s) to show cause why the attached Order for Reassessment of Damages ,., ,.< -" , "'-. OO~ Daniel G. Schmieg, Esquire Attorney for Plaintiff .~. Jil\, ., '" . """,,' ,(...!Il........~ " - .." '''.,' 1 -~""""l!IIl' Mn ~ ~~_~,__..".,,~ W " ~.,~. "~"4!1~,W . _~ _"~, ^_v .~ v:;-,__ h'~'';-" ,.- ., ','- - .,,-'.'0.'0 _~-, _.~;..' ., .~ '," d., ""^ .~,_, _ , _~"_ , ~h '0 ~--"""""'~~N"ii;S117M'Y~'%~~-ii'{ 4 _~'Jml_~"""lIlIll" ~~~.~~ ".~.~_~ll!iIIIiI!I1l1!l1!!1'i!l'!f1'f_r.jl't:I!!"~~"'<t'_~"'"I~~l"..Wi!1!!!l!ffllm~~I'M!!5IIl~''''~ffi"!f!ll'~~Ji!h","~nlWll'!ll.Il!i!!lffii!!'li_ ., \. ~ ~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of December 31, 2001 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on December 12, 2001. FRANK M. ROMITO, JR. BONITA J. ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 Q)~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: December 12, 2001 --. . - -~-- _ =M_" __.,,- ,. . ~~-,' "." ~"l'IIlIJI!!lliPl1I! "~-.,- --, , ~ ~ - ~ .-.- 0 c::-) ~--) ~ 'J C) ,:; "Tl m no' "_J :-:.... 2:: ,~' co -, ~~ i...._' --;,... , )> c:;, t:;? c: ~ ,'0 ~:: ..( (':0 _'---1 , ",_.~"N, ~ ~ )1!11!m:i'.ll!illlH!~""!j~"!rJ'_m:;""",_," ~..dilil~~~W!P.~~~~~~~~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2151 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRl\NK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL AND NOW, this ORDER /7-tn day of V.ANUA rd ,2002, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant (s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount 11/1/99 through 12/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 50,927.91 13,849.84 304.47 2,547.00 1,521.00 717.36 100.50 325.00 0,00 1,072.00 TOTAL $71,365.08 Plus interest per diem from 12/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - AND COMMISSION ARE NOT INCLUDED IN SALE COSTS FIGURES, BY THE 'dlJ / J. '" ''''''''-1 "," ~ ~ '- I "- .., , C> \-' {1 . ~ t l>'I- ~ r , <P - -., "", ::J:':> ~ (\)-;t\0-O () a.-:::> D \ ~ ==- ~ ;:;~ ~~ ~~ (tl _ I C) \/1.'1\11-/1\1\80. \N:Jo ~Q " -" . ,,-'''\^'n 1 ~ ~\!rJ"'Jr"I (,\,.\\";"l,i::::::lt: I~I !\.il il j'~ ..1 .,.- LS:\3 . 1 1'ir, 'I IA'v' '~~'''''j.r~' " -...J ~ ~ ~, - ~, - ~" -," ." y~' ~'~-'''''~ ~ ,-~~,,-~~. ,~ ~~-~ ,H~.W''-. .. "'1~:""'.'~ ,. ,~_ J.wt'Wlll!l!~n~I""i~~._, L ~"~l!I'!llmlll!!~~""'I!I.IiUllll"~!IftR:l'IIl1 FEDERMAN ANP PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on December 12, 2001 and Rule was entered upon Defendant(s) FRANK M, ROMITO, JR. & BONITA J. ROMITO on December 12, 2001 to show cause why the Order for Reassessment should not be entered. A true and correct cop of the Rule is attached hereto as Exhibit A. 3. 'rhe Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of Januarv 3, 2002. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. Respectfully submitted: GC -. Daniel G. Schmieg, Esquire Attorney for Petitioner !<;("~ ~, ~ ~~ ~~=< -~... EXHIBIT A ",-. t' - ~ '!\' \JO\-, ~ C i 0 n1 \.~ c 1 v JlV: , FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I,D. No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563 7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, CIVIL DIVISION FRAWK M. ROMITO, JR, BONtTA J. ROMITO NO, 00-2163-CIVIL _ ..._:i I _~ .J -:;-.:...3 ......,. If) RULE bCCtJYlbc R. ~~ '..:.;:-:;:-; ::-:; ::. '.' ;,; '~ _ __n'._ _ -..~.' ,--,"" 6: 3-:t-:::.::' .'7. ;.':;>~::::, :~:~:-.:..~o._ -.-ir. .... :~2 ~::~:~~~ _~~2~ :-'.~'~5.:;-::5.5::-,'?:-. : - ~~ -,- - - - -. ~ - - ~-;;...=-- ..-:"'::: - ..- -,---' t\~::: ;':::::UP.:1r.BL2 20 JCL~S ?-f+CR serv I c.C'. ::.:' eL djjyJ ~j E~idJo nut! CG?'f FROM Rf" . 7,:; In h,t:,TIW/ whsi'i.::: I !lera unrc I kl-1d and t e s0al f;f said~U at Car: ,. Thi ,;',/,p,':.... y 0 ..f;)s=:.c.. 91^ +- {)1.U.. ...'..:___ =~..~. ,OF", " .- - " EXHIBIT B ,- ~~J ""- -~~,'-~' FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL CERTIFICATION OF SERVICE I f Daniel G. Schmieg / Esquire, hereby certify that a copy of the Rule Returnable Date of December 31, 2001 and a copy of Plaintiff' 5 Petition for Reassessment of Damages have been sent to the individuals indicated below on December 12, 2001. FRANK M. ROMITO, JR. BONITA J, ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 OJ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: December 12, 2001 "; ."e, '~I VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C,S. 54904 relating to unsworn falsification to authorities. DATE: January 3, 2002 ~~- Daniel G. Schmieg, Esquire Attorney for Plaintiff 'i~~ .,.., . ~,~_"T" FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2151 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, CIVIL DIVISION FRANK M. ROMITO, JR. BONITA J. ROMITO NO. 00-2163-CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Motion to Make Rule Absolute has been sent to the individuals indicated below on Januarv 3, 2002. FRANK M. ROMITO, JR. BONITA J, ROMITO 51 WEST KELLER STREET MECHANICSBURG, PA 17055 cc- J) ~ ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 3, 2002 "",," , ~,~~ - ~~~- , P,", ,,~_l_J ,.:mL_~_/!ll!@mlJi ,- M"7 ~_."...,=__"' "~ . o~"~, ~'_'~~ ,.,> L._ _, >' ' ~_ o C ?" C)'C' rnR2 ~L-:__! ~C- cr..._,. :-< 2.-- kC; 310 .be) ~ ,- z =< - .. - "". -ie- CJ f'\.J c) -'~'-I '.,- ;:;::;". ;;;::;:: '~ I -~ ,- ~~;(~l (?(=: ~t1 :::.< ::J,? ...;;,~ ~ '::;:-~'t _ _...,.!!iil~!IQiI'l;~~~'~~~*-~t~lllIl~~~IlftI'II1,_!_",.!lIR ~~_