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Home My WebLink About01-0184 FX COLUMBIA NATIONAL, INCORPORATED Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW DOUGLAS G. ROMANO ACTION OF MORTGAGE FORECLOSURE Defendant #6(- \'84 CZ0~\ TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court If you wish to defend against the c1aims set forth in the following pages, you must take action within twenty (20) days after the 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 c1aims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money c1aim in the Complaint of for any other c1aim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VI SO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: S1 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 '>"" _"_,c.o~, !~ 1'~ " COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. DOUGLAS G. ROMANO, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant TIIE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt ofthis notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff ^^;". , " ,,'-~ -,~ I " COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW Defendant ACTION OF MORTGAGE FORECLOSURE ./'U,. (J J - I JY r!wJ f ~ DOUGLAS G. ROMANO, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, DOUGLAS G. ROMANO, is an adult individual, whose last known address is 1339 HORICK DRIVE, BOILING SPRINGS, PENNSYLVANIA 17007. 3. On or about, August 21, 1996 the said Defendant executed and delivered a Mortgage Note in the sum of $114,600.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1337, Page 475 conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein incorporated herein by reference. 5. The land subject to the Mortgage is: 1339 HORICK DRIVE, BOILING SPRINGS, PENNSYLVANIA 17007 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. >"~r~~--."~'_',, .0 ", , II .<' , 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $24.47 per day From 07/01/2000 To 02/01/2001 ( based on contract rate of 8.125%) $109,965.20 $5,261.05 UNPAID PRINCIPAL BALANCE Accumulated Late Charges $345.39 Late Charges at $41. 77 Per month for 7 months $292.39 Escrow Deficit $137.17 Attorney's Fee at 5% of Principal Balance $5,498.26 $121,499.46 **Together with interest at the per diem rate noted above after February 1, 2001 and other charges and costs to date of Sheriff's Sale. 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 that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983.. , ,~ J" , ~ . , ~ 'I ""'"' ^~. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.125% ($24.47 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s S for foreclosure and sale of the property within described. '-"-~'" . By: - PURe , KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) ., , 03105841 Multistate ADJUSTABLE RATE NOTE FHA Case No. 441-5254182 August 21, 1996 [Dale] 1339 Horick Dr. Boiling Springs, PA 17007 [property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Columbia National Incorporated and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Fourteen Thousand Six Hundred and 00/100 Dollars (U.S. $ 114,600.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate of Seven and No-Thousandths percent ( 7.000 %) per year until the full amount of principal has been paid. The interest rate may change in =rdance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay~is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MAl'<NER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on October 1 , 1996 . Any principal and interest remaining on the first day of September 1 2026 ,will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P.O. Box 3050, Columbia, MD 21045-6050 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of U.S. $ 762.44 This amount wiIl be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. S. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of January 1 , 1998 , and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Cnange Date, the interest rate will be based on an Index. "Index" means the weekly average yield on Uuited States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as FHA Mullistate Alijustable Rate Note - 10/95 En- "".~ ""''' . -590 196011 I., "" ~Of 3 VMP MORTGAGE FORMS. "001521,~::,:, LiJJi -R. I 1 11111111 1111 IIIljllll' 111111111 .1111 8199722 v590 08/19/96 16:11:14 03105841 i!,~ TC"""1 ., defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of Two and One - Hal f percentage point(s) ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than one percentage point (1. 0 %) on any single Change Date. The interest rate will never be more than five pe.centage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed OIl the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, lI1Id must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it Was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will hecome effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest.thereon at the Note rate, be applied as payment of principal. Lender's obligation to retnrnany excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. I Ii. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the lust day of any month. Lender shall accept prepayment all other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent' required by Lender and permitted by regulations of the ~ecretary. If Borrower makes a partial prepayment, there will be no changes in the due dale or in the amount of the monthly payment unless Lender agrees in writing to those changes. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and No-Thousandths percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this ,option without waiving its rights in the event of any subsequent 0; ~590 {960l} .. Page 2 013 ;O",.,,,[kJ-t2 v590 08/19/96 16:11:14 03105841 ':, !i1J1, -..", , 'r,"' , ~ ., ., -"~~ default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that a1nounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will he given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is a1so.obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person indivi!lually or against all siguatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note. y IGNING BEL~wer a rees to the terms and covenants contained in this Note. Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower. (Seal) -Borrower 0; .590 (9601) ~ Page 3 of 3 v590 08/19/96 16:11:15 03105841 . =, "'--r<1_~ _~_" ""I,., , , --~ , POLICY NO. D155168CP EXHIBIT A ALL THAT CERTAIN house and lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, being Lot No. 17 in the Plan of Lots of Section A of "White Rock Acres", d3h=-r'! or.tr,'hpr 9, 1968 and recorded in the Recorder's Offfice in and for ~Umberlapdlcounty in plan Book 20, page 4D, bounded and desGribed as olqows~ - BEGINNING at a point on the Southern line of Rorick Drive (40 feet wide) at a permanent survey monument on the line dividing Lots Nos. 16 and 17 on said Plan; thence by the line of Lot No. 16 South 16 degrees 50 . minutes East 200 feet to a point; thence by the Northern.line of Lots Nos. 21 and 20 South 73 degrees 10 minutes West 208.5 feet; thence by the line of Lot No. 18 on said Plan North 23 degrees 36 minutes West 198.31 feet to a point; thence by the Southern line of Horick Drive by a curve to the right having a radius of 440 feet, an arc distance of 52 feet to a permanent survey monument; thence continuing by the Southern line of HoriGk Drive North 73 degrees 10 minutes East 180 feet to the Place of BEGINNING. ) et"'bi~ "8" BooKi337 PAGE 483 CLTIC Form E80 Page 1 , . . '" , , '-I-~~ " or Fl~ - . DEC':'2a-2000 12: 50 . PURCELL,KRUG,HALLER 717 234 1206 P.07. COMPANY NAME: COLUMBIA NA TIONAL, INCORPORATED VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated .JA!'oUIRY 8, 200i By ~~'~ Title /7..;1/'. ~t5~ DEe 22 2e00 10:53 717 234 1206 TOTAL P.07 PAGE. 07 ; <"." . .~ .., ~ .. . ~ d vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COLUMBIA NATIONAL, INCORPORATED Plaintiff DOUGLAS G. ROMANO ACTION OF MORTGAGE FORECLOSURE Defendant NO. 01-184 CIVIL PRACEIPE TO SETTLE & DISCONTINUE TO THE PROTHONOTARY: Kindly settle and discontinue, without prejudice, the above case. DATE: January 16,2001 PURCELL, KRUG, & HALLER BY ~ L~al1er "-- 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 ~,;=" -. """'-- - " . ~ " SHERIFF'S RETURN - NOT SERVED &I ,_~ CASE NO: 2001-00184 P COMMONWEALTH OF 'PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS ROMANO DOUGLAS G R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ROMANO DOUGLAS G but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE t': I , i.; Non CE I [:, I I t., ! NOT SERVED , as to the within named DEFENDANT , ROMANO DOUGLAS G RETURN NOT SERVED AS PER TRACEY AT LEON HALLER'S I I I i , I OFFICE 1/16/01. f.,'j Sheriff's Costs: Docketing Service NOT SERVED RETURN Surcharge 18.00 3.72 5.00 10.00 .00 36.72 ~ SHERIFF OF CUMBERLAND COUNTY t i'i i'-: t,'! PURCELL, KRUG & HALLER 01/16/2001 i-! ~~ ' I, I , i Sworn and subscribed to before me this .:Jt;!!:.. day of ~ d..lHJ! A.D. (')~:/~ Q Ju,o;, " ~ Pntt onotary ,.. "'~-', " , 1_" "'f' .,..~ . COLUMBIA NATIONAL, INCORPORATED Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOUGLAS G. ROMANO ACTION OF MORTGAGE FORECLOSURE Defendant :;(JOt - 11H CtUL I ~ TIDS FIRM IS A DEBT COLLECTOR-AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU .SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. , CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 , ~,~ A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTlCIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICI0 DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 TRV~COPY FROU'fiHiOORO In T 8$th~)' wllel'JOf,J nn ".IIIY h<w.o and t. of said Caurt. ~. ,i m".-Y" - - ~ .-." 'c.-, . .;~ r " .-. ~"",~,~.". COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOUGLAS G. ROMANO, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PRqVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 US.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information. obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request'by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 171 02 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff '0 '_ r ,~_ "~ C" I" "~I r,r , COLUMBIA NATIONAL, INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOUGLAS G. ROMANO, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Corporation, with an address of 7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. , [i I' I: I' I i i-' I I' I 1" ! I 1 I ~' I I I' I, I I. 2. Defendant, DOUGLAS G. ROMANO, is an adult individual, whose last known address is 1339 RORICK DRIVE, BOILING SPRINGS, PENNSYLVANIA 17007. 3. On or about, August 21,1996 the said Defendantexecuted and delivered a Mortgage Note in the sum of $114,600.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". I r' 4. Contemporaneously with and at the time ofthe execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1337, Page 475 conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein incorporated herein by reference. Ie' ~ ' I " I I ~ - i , I I ( I;'; I I, 5. The land subject to the Mortgage is: 1339 RORICK DRIVE, BOILING SPRINGS, PENNSYL VANIA 17007 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. '~-I ~~--, Z" ,_-~" ^ ~ . 1- - fl 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 1,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $24.47 per day From 07/01/2000 To 02/01/2001 (based on contract rate of 8.125%) $109,965.20 $5,261.05 UNPAID PRINCIPAL BALANCE ~ Late Charges at $41.77 Per month for 7 months $345.39 $292.39 Accumulated Late Charges Escrow Deficit $137.17 Attorney's Fee at 5% of Principal Balance $5,498.26 $121,499.46 --Together with interest at the per diem rate noted above after February 1,2001 and other charges and costs to date of Sheriff s Sale. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983.. ,{ -" ~ "- t-- ~ . I ~ '~l " 'f' WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.125% ($24.47 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff' s S~cr1O;ioreclosure and sale of ili,,,_ywithin""~ribcd. By' d~ . . .- PURe , KRUG & HALLER Leon P. Halter, Esquire Attorney for Plaintiff !.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) i'l ~;! [i ""...,.,.,. I ~'I '.r " ~~~ ,,..~"""'" 0310584.1 Multistate ADJUSTABLE RATE NOTE FHA Case No. 441-5254182 August 21, 1996 [Date] 1339 Horick Dr. Boiling Springs, PA 17007 [Proper1jl Address] I. PARTIES ' \ "Borrower" meaIlll each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Columbia National Incorporated and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Fourteen Thousand six Hundred and 00/100 Dollars (U.S. $ 114,600.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate of Seven, and No-Thousandths percent ( 7 . 000 %) per year until the full amount of principal has been paid. The interest rate may change in ~ccordance with Paragraph 5(9 of this Note. 3. PROMISE TO PAY SECTJRED Borrower's promise to pay'is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on October 1 , 1996 ' . Any principal and interest remaining on the fITst day of September 1 2026 , will be due on that date, which is called the "Maturity Date. " (B) Place . Payment shall be made at P.O. Box 3050, Columbia, MD 21045-6050 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of U.S. $ 762.44 This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE.AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of January 1 , 1998 , and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Cnange Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" meaIlll the most recent Index figure available 30 days before the Change Date. If the Index (as FHA Mu1tislate Alijustable \tate Note - 10/95 E h L.. . J "^ " . -590 1960'1. I., , Faga ~ef 3 VMF MORTGAGE FORMS - 1'00152';:::,:, LI1i:i -R. )( I 8199722 11111111111111111111111111111111111 "t;QO 08/19/96 16:11:14 03105841 """''T<'W''''~~~ ~~_.,' ~~H-1 ~I"" ..,." I' r "1 - r defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of Two and One - Half percentage point(s) ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than one percentage point (1.0 %) on any single Change Date. The interest rate will never be more than five pl!f,centage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. . (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in. full at the Maturity Date at the new interest rate through substantially equal payments. In making such calculation, Lender will.use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes . Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the hew monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate cafculated in accordaIlce with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amOunts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest.thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if ibis Note is otherwise assigned before the demand for retum is Dlade. . 6. BORROWER'S RIGIIT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept-prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extenrrequired by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and No-Thousandths percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the Case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent G.. -590 ,96011 P.g.2 of 3 ;"".,,,[ >> -j<!.. 'tTt;Qf'\ nRI1Cl/q(;. 1 h! 11 ='4 03~05B4~ ;-0c I'. I ~ I~ r""T~ ~. ~"._m""_"I" ~ ~ .~.~ default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender tq,demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a noti"" of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also-,l>bligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person ihdivillually or against all siguatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Nole. y IGNING BE~wer ac rees to the terms and covenants contained in this Note. Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Bouower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower. -Borrower . -590 (9601) <I> Page 3 of3 vS90 08/19/96 .16:11:15 03105841 -'-.'1 -"'- I ~ ",..".~ POLICY NO. D155168CP . EXHIBIT A ALL THAT CERTAIN house and lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, being Lot No. 17 in the Plan of Lots of Section A of "White Rock Acres", d.i3rpn october 9, 1968 and recorded in the Recorder's Offfice in ~nd for ~u~erla~dlcounty in Plan Book 20, page 40, bounded and descr~bed as o~ ows~ . BEGINNING at a point on the Southern line of Horick Drive (40 feet wide) at a permanent survey monument on the line dividing Lots Nos. 16 and 17 on said Plan; thence by the line of Lot No. 16 South 16 degrees 50 minutes East 200 feet to a point; thence by the Northern'line of Lots Nos. 21 and 20 South 73 degrees 10 minutes West 208.5 feet; thence by the line of. Lot No. 18 on said Plan North 23 degrees 36 minutes West 198.31 feet to a point; thence by the Southern line of Horick Drive by a curve to the right having a radius of 440 feet, an arc distance of 52 feet to a permanent survey monument; thence continuing by the Southern line of Horick Drive North 73 degrees 10 minutes East 180 feet to the Place of BEGINNING. " j e1h,bif .'8 II BooKi337 PAGE 483 CLTIC Form E80 Page 1 """Tr,' , I~' . ",'~ , D~~-?2-2000 12:50 PURCELL,KRUG,HRLLER 717 234 1206 P.07 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED VERIFICATION '\' 1 verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated JI\l\U\RY 8, 2001 By ~~~'if Title 17 01;'-. -r:i cflItLkEIZ DEC 22 2000 10:53 717 234 1206 TOTRL P.07 PRGE.07 ^"",<T""F"'l!"'I""""'"""", I ~-"[""~ 1- -II ~ .-...... ~ -,~ ~,~ ~~ -- " '.~ 1M ~ ~ ~ 'VINV^lASNN3d ,,;/1.0!.1))"'" ~j ,~- ~ I ,'" if U 10. Ud 6Z Z iii/I *' ...-v..~1l"':J' 01.Vh'JiliW;(.l~ _HII~ iiI/It!Ji-;;I0I 3:);/1. --~ ,~, ~,,"" n'_,,"">'''- -- .,.,,- v' ..,,'" 0' ~.,,-~ 'j,'>-,\( l"'" -i2Zk"~"""'''--'-lll'Jt ""r !d'O)'~-'~\p:'" j: ~ ., f1GiJ ~.eJ ~ !.IiV;j r ~~ '"'"~""~~~~~~~"'"~'!h"""""-"-.-c<<;"";'''r''''!''-'''''-';'''~'""''''lWl''1F''(oI~~lI\'iffffiEW'''''iw..._,'rM1':>il!:@~fii!~~~