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Home My WebLink About99-07665• ?.i;> ;! T4 'i 'J ?,/ r 1 `t? u}+ '{?'i:?{ ?C 4?1 N£i',r'' :,t yt ycr, -a `? ?$'br?'r" r' l?uXz FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE f ucNR iFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 6400 LEGACY DRIVE PLANO, TX 75024.3632 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C??- CUMBERLAND COUNTY PAUL ROMANO, JR. 324 NORTH STREET BOILING SPRINGS, PA 17007 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE j' NOTICE I... PLEASE BE ADVISED THAT THIS FIILM IS A DEBT COLLECTOR ATTEMPTINGTO COLLECT A DEBT. ANY INFOR\L\TION RECEIVED 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 1 SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OFA ( - LIEN AGAINST PROPERTY. I You have been sued in Court. If you wish to defend against the claims set forth in the following ..y pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to ^ do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief I ` requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lunn u: c.ISdnsJ I . Plaintiff is COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICA'S WHOLESALE LENDER 6400 LEGACY DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) arc: PAUL ROMANO, ]R. 324 NORTH STREET BOILING SPRINGS, PA 17007 who is/arc the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/1/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1290, Page 503. 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 8/1/99 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." i. 6. The following amounts arc due on the mortgage: Principal Balance $57,647.82 Interest 1'872'72 7/1/99 through 12/1/99 (Per Diem $12.24) 2,882.00 Attorney's Fees 85.96 Cumulative Late Charges 1111195 to 12/1/99 550.00 Cost of Suit and Title Search 63,038.50 Subtotal Escrow 0.00 Credit 86.42 Deficit 86_42 Subtotal TOTAL $63,124.92 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey'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 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 Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit `B'; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $63,124.92, together with interest from 12%199 at the rate of $12.24 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Send Correspondence to. P O. Box 10221 Van Nuys. CA 91410.0221 Send Payments to: P.O Box 10219 Van Nuys, CA 914100219 Certified Mail No. October 7, 1999 Return Receipt Requested Paul Rornano,Jr 324 N. Street Boiling Springs, PA 17007-0000 Countrywide Loan # 6484053 Property Address: 324 N. Street Boiling Springs, PA 17007-0000 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans, Inc. (hereinafter "Countrywide') services your home loan. Your home loan is in serious default because you have not made your required payments. The total amount now required to reinstate your loan as of the date of this letter is as follows: Monthly Payments: 00101/1999 - 10/31/1999 @ $495.00 $1,485.00 Late Charges- 08/01/1999 - 09/30/1999 @ $21.49 $42.98 Other Charges- Uncollected Costs: $24.00 TOTAL DUE: $1,551.98 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $1,551.98, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, cashier'$ check or money order, and made payable to Countrywide at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension of time to cure will be granted due to a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate Ore mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If the full payment of the amount of default is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty-five day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. You may do so by paying the total due, as well as all reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). Pursuant to your loan documents, and because your loan is in default, Counlrywidg may, at its option, enter upon and conduct an inspection of your property. The purpose of this inspection is to observe the physical condition of your property, to verify that the property is occupied and/or to determine the identity of the occupant. You will be responsible for the cost of any such inspection. it is estimated that the earlit date such a sale be would ately months from the date of this letter. A notice ofathe dale of thelforeclosure saledwill be f sent to y uebeforexthe sale.sYou)may find be by ey order aonld made payable8o us at the address out at any time eactly what the ayment must be in the form of cashier'sdcheck. certified check olrlmonus at the ing number: 00-66-6654. This p slated above. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you may not cure your default more than three (3) times in any calendar year. and right to remain in it. You should realize that a foreclosure sale will end your ownership of the mortgaged property your If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. PENN6 7/tn 97 Please write your ban number on all checks and correspondence. Paul Romano,Jr 6484053-1 324 N. SUM $1,551.98 AS OF 10/07/1999 P.O. Box 10219 Van Nuys, CA 91410.0219 Ilrlnurllrlnlmllllrrrllurulrlrrrlllrlrunlllrlrrrrllrl 648 40531000 15 5198015 5198 _1 E);HIUIT H if you are unable to cure your default on or before , Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: Repayment Plan: It is possible that Countrywide may be able to assist you in keeping your home by offering you some form of payment assistance. Our basic plan requires that you pay Countrywide, up front, at least '/, of the amount necessary to bring your account current, and that you pay the balance of your overdue amount, along with your regular monthly payment, over a defined period of time. Other repayment plans also are available. Loan Modification: Alternatively, it is possible that Countrywide maybe able to lower your r egu!cr monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan .mount, through a modification of your loan. This foreclosure aftemative, however, is limited to certain loan types. Sale of Your Property: Alternatively, if you are willing to sell your home in order to avoid foreclosure, Countrywide may be able to offer you an aftemative to foreclosure even if your home is worth less than what is owed on it. • Deed-in-Lieu: AJtematively, if your property is free from other liens or encumbrances, and if your default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to Countrywide and avoid the foreclosure sale. If you are interested in discussing foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will determine, in its sole discretion, whether that assistance will be extended to you. In the meantime, Countrywide will proceed with all collection, enforcement and/or foreclosure efforts unless it agrees otherwise in writing. Please be advised that failure to bring your loan current or to enter into a written agreement as outlined above will result in the acceleration of your debt. Time is of the essence!! Should you have any questions concerning this notice, please contact Counirywide's office immediately at 1-800-669-6654, extension 7556. ?`a i';udatkauR?l¢i Gloria Kwiatkowski Loan Counselor 800-669-6654, Extension 7556 If your loan was in default at the time that it was acquired by Countrywide, please be advised of the following: 1. Countrywide is a debt collector, we are attempting to collect a debt, and any information Countrywide obtains will b"e used for that purpose. 2. The amount currently owed to Countrywide is $1,551.98 (there may be other accrued interest, casts andeens s is Unless you, within thirty (30) days after receipt of this letter, dispute the validity of the debt owed or any portion debt, we will assume the amount to be valid. If you notify us in writing within this thirty (30) day time frame that you dispute the debt or any portion of the debt, we will obtain verification of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor if it is different from the current creditor. Please direct any written disputes to the following address: Countrywide Home Loans, Inc. Collections, AIS SV-34 Attention: Research Counselor P.O. Box 10221 Van Nuys, CA 91410.0221 EXHIBIT A Send CorrespuWeacu :0. P.0 130. 10221 Van Nuys, CA 91410-0221 Send Payments to: P.O. Box 10219 Van Nuys, CA 91410-0219 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE October 7, 1999 Sent by Certified Mail/Retum Receipt Requested This Date Paul Romano Jr 324 N Street Boiling Springs, PA 17007-0000 Dear Paul Romano Jr: Countrywide Account # 6484053 Premises: 324 N. Street Boiling Springs, PA The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo an su casa. Si no comprende el contenido de esta notification oblenga una traduccion inmediatamente Ilamando a esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Listed puede ser elegible Para un prestamo del programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERG ENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. r YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-five (35) days from the date of this Notice. During that time you must arrange and allend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty-five (35) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty-five (35) days after the date of this meeting. The name, address and telephone number of our representative is: COUNTRYWIDE, 400 Countrywide Way, Simi Valley, CA 930656298 Telephone Number: 1.800.669-6654, Extension 7556. The names and addresses of designated consumer credit counseling agencies are. shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency as of the date of this letter is $1,551.98. fr/LMBI 1` B That sum Includes the following: Total of monthly payments from 08/01/1999 to 10/31/1999 including all accrued late charges, if any: Property inspections and NSF check charges, if any: Other charges accrued, if any: LESS: Suspense (unapplied funds): TOTAL AMOUNT OF DELINQUENCY: Please wri a your loan number on all checks and correspondence. - Paul Romimo it 6484053-1 334 N. Slreal P.O. Box 10219 Van Nuys, CA 91410-0219 Ilthill tlltlttltttlllltttilttt11itltttllltltt,Itills [III III, I $1.527.98 $24.00 $.00 $.00 $1,551.98 PENN91 7128197 $1,551.98 AS OF 10/0711999 648405310001551980155198 EXHIBIT Es Please be advised that the total amount is as of the date of this letter, and additional amounts may become due if your default persists. Your mortgage is also in default for the following reasons: If you have tried and are unable to resolve this problem at or after your fa cc-to-face meeting, you have the right to apply for financtal assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty-rive (35, days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so,. or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call 1.800-342.2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very buy, yours, ?(aua ?r?at/¢acud?i i By: Gloria Kwiatkowski Loan Counselor 1-800-669-6654, Extension 7556 Attention: Gloria Kwiatkowski Loan No.: 6484053 Sent by Regular Mail, Certificate of Mailing (PS Form 3877) If your loan was in default at the time that it was acquired by Countrywide, please be advised of the following: 1. Countrywide is a debt collector, we are attempting to collect a debt, and any information Countrywide obtains will be used for that purpose. 2. The amount currently owed t Countrywide is $1,551.98 (there may be other accrued interest, costs and expenses). Unless you, within thirty (30) days after receipt of this letter, dispute the validity of the debt owed or an I debt, we will assuloe the amount to be valid. If you notify us in writing within this thi y Portion of this dispute the debt or any portion of e a rty (30) nd mai l day time frame that you request, provide you with the name a d debt, l of the obtain o ginal c verification reditor t it it is b different fromit u and, tthe currentrcreditor 1 Please direct any wrilten disputes to the following address: Countrywide Home Loans, Inc. Collections, MS SV-34 Attention: Research Counselor P.O. Box 10221 Van Nuys, CA 91410.0221 . EXHlB17 F3 I f. Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lycoming-Climmn Counties Commission For Communicf Action (STEP) 2138 Lincoln Street P. O. Box 1323 Williamsport, P.A. 17703 (570) 326-0587 F+.X (570)322.2197 CCCS of Nor'seastem PA 201 Basin Street Williams Pam PA 17703 (570) 323-6627 FAXC(570)323-6626 CLLYTON COUNTY CCCS of Nor-heasten P4 1631 S Arheroa St Suite 100 State College, PA 16801 (814) 238-3668 FAY (814) 238-3669 COLUYLBIA COUNTY CCCS of ;or'reastern Pennsylvania 31 W. Market Street 1400 Abington F-tecaeve Park POB 1127 Suite 1 Wilke•Bar:e. Pa 18702 Clarks Summit. Pa 18411 (570)821-0837 or(800)922.9537 (5x70)537-9163 or(800) 9.2-9537 FXX (570) 821.1785 FAX (570) 587-913-ti9' 35 Commission on Economics OPPortuaity of Luxerae Co=t:l 163 Amber Lane Wilke-Barre, Pa 18,02 (570) 826-0510 or (800) 822-0359 F.4Y (570) 829-1665--CALL BEFORE F.4`IG (570) 455-4994 I AZELTON F4.Y (570) 455-5631--CALL BEFORE F.UNLNG (570) 836-4090 TUY•u?-.N-NOCF- Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453.5744 FAX (814)453.5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Har.'aburg N. 6th Street Harisburg, P.A. 17101 (717) 234.5925 FAX (717) 234.9459 CRAWFORD COLNNTY Greater Erie Comaunir/ Ac=on Committee 18 West 9th Street Ere, PA 16501 (814) 459-4581 F.AX (814) 456-0161 Shenaago Valley Urban League, Inc 601 Indiana avenue Far• ell. PA 16 10-1 (412)981.5310 CUVIBERI-J" COL-NTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731.9589 Community Aeon Cooun of the Capital Region 1514 De try Street Harrisburg, PA 17104 (717)^_32.9757 FAX (717) 234.2227 Adams Counry Housing Aur-horiv 139-143 Carlisle St Gettysburg, P.A. 17325 (717) 334-1518 FA.Y (717) 334-8325 EXHIBIT 6 PENNSYLVANIA BULLETIN, VOL. 29, NO. = JUNE 5, 1999 ALL that certain tract of land with the improvements thereon erected situate in Monroe Township. Cumberland County, Pennsylvania, in accordance with a survey prepared by C. W. Junkins, R.S., dated August 11, 1994, as follows, to wit: BEGINNING at a point in concrete curbing at corner of lands of John B. Backenstoes; thence along lands of Backenstoes, South 74 degrees 12 minutes 20 seconds West $4.40 feet to a corner of concrete curbing; thence along lands of Christopher M. Pass and Genevieve A- Diehl, the following three courses and distances: 1) North 15 degrees 47 minutes 00 seconds West 40.50 feet; 2) South 74 degrees 50 minutes 00 seconds West 39.93 feet; 3) North 14 degrees 14 inintttes 39 seconds West 167 76 feet to comer of concrete curbing; thence along lands of David J. Miller, North 74 degrees 02 minutes 45 seconds East 114.75 feet to comer of concrete curbing;' thence along intersection of West Street and continuing along North Street, South 17 degrees 10 minutes 29 seconds East 209.02 feet to a point in concrete curbing, the Place of BEGINNING. CONTAINING 23,423 square reel, having thereon erected 2 - two story frame dwellings. BEING the same property which John C. Flarbold, granted and conveyed to John C. Harbold and Mary L-. Harbold, his wife, by decd dated Match 23, 1957 and recorded in the Orrice of the Recorder of Deeds for Cumberland County in Deed Book "P", Volume 17, Page 563. The said Mary E. Harbold died on April 23, 1987, whereupon Title became vested in lice simple in John C. Harbold, Grantor herein. For Power-Of-Attorney see Miscellaneous Docket Book 489, Page 537. AND the said grantor hereby covenants and agrees that he will werrant specially the property hereby conveyed. PREMISES: 324 NORTH STREET VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE-PRESIDENT of COUNTRYWIDE HOME LOANS, INC. 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?Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: IZ I t 1 q q SHERIFF'S RETURN - REGULAR CASE NO: 1999-07665 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS RAMANO PAUL JR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMANO PAUL JR the DEFENDANT at 0014:59 HOURS, on the 29th day of December , 1999 at 324 NORTH STREET BOILING SPRINGS, PA 17007 by handing to PAUL ROMANO, JR. a true and attested copy of COMPLAINT - MORT FORE together with CE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.34 Affidavit .00 Surcharge 8.00 .00 30.34 Sworn and Subscribed to before me this IA-4 day of 9o-r0 A. D. P o honotary So Answers: P =?-2 R. Thomas Kline 01/03/2000 FEDERMAN & PHHEELAN By. Deputy Sheriff FEDERMAN AND I FIELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Countrywide Home Loans, Inc. f/IJ:t America's Wholesale Lender 6400 Legacy Drive Plano, TX 75024 Plaintiff VS. Paul Romano, Jr. 324 North Street Boiling Springs, PA 17007 Defendant(s) Attorney for Plaintiff Cumberland COUNTY COURTOFCONINION PLEAS : CIVIL DIVISION NO. 99-7665-Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enterjudgment in favor of the Plaintiff and against Paul Romano. Jr., Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set tbrth in Complaint $63,124.92 Interest 12/1/99 to 2/02/00 $783.36 TOTAL $63,908.28 1 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. 1FRANKAFEDZE_RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: do 0-7 PRO PROTIIY -rnIS FIRM IS A DEBT COI.I.F.CFOR A7TF. wrING TO COLLECT A DEBT AND ANY INFORMATION OBLUNED WILL BE USED FORTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRI117CY AND Tills DF.IIT w'As NOT REAFFIRMED. T1 [IS C'ORRF_SPON DENCF. IS NOT AND SI IOUI.D NO'r BE CONS I'RUF.D TO BE AN ATrENI"TO COLLECT A DEBT. IRT ON LY ENFORCEMENT OF A LIEN AGAINsr PROPF.R'rv. - FEDERMAN AND PHEL N Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOAb1S, INC, F/K/A AMERICA'S 4:HOLESAL'c LENDER Plaintiff VS. PAUL ROMANO, JR. Defendant(s) TO: PAUL ROMANO, JR. 324 NORTH STREET BOILING SPRINGS, PA 17007 DATE OF NOTICE: JANUARY 19. 2000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 99-7665-CIVIL FILE COPY 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: CUM BERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717)249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Phr/a Philadelphia, PA 19102 (215) 563-7000 Attomey for Plaintiff Countrywide Home Loans, Inc. f/L/a : Cumberland COUNTY America's Wholesale Lender Plaintiff Paul Romano, Jr. VS. : Court of Common Pleas CIVIL DIVISION NO. 99-7665-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, lie 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 Paul Romano, Jr. is over 18 years of age and resides at 324 North Street, Boiling Springs, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANKFEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236- Revised) Countrywide Home Loans, Inc. f/Wa America's Wholesale Lender Plaintiff VS. : Cumberland COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 99-7665-Civil Paul Romano, Jr. Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on Februarv 2000. By ' DEPUTY Ifyou have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPFIIA PA 19102 (215)563-7000 "THIS FIRM IS A DEIST COLLF.C'rOR ATTEMPTING'1'O COLLECT A DEBTAND ANY INFORbIA'rION OBTAINED WILT. BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBTWAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOTBE CONS'I'RUF.D TO BE AN ATITiNU-i TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPF,RTY. ** IS 1 G LL. 1 C; 1- ; Cr. i• ?i ?J .13 V (L \1 FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS (£/k/a America's Wholesale Lender) Plaintiff VS. PAUL ROMANO, JR. Defendant(s) ATTORNEY FOR PLAINTIFF : CUMBERLAND County Court Of Common Pleas CIVIL DIVISION NO. 99-7665-Civil ORDER TO VACATE JUDGMENT AND NOW, this 241-day of C? , 2000, after consideration of Plaintiff's Motion to vacate Judgment, it is hereby ORDERED AND DECREED that the judgment entered on February 3, 2000 in the amount of 963,908.28 is VACATED without prejudice. VI I f i FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS (f/k/a America's Wholesale Lender) Plaintiff VS. PAUL ROMANO, JR. Defendant(s) ATTORNEY FOR PLAINTIFF : CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 99-7665-Civil MOTION TO VACATE JUDGMENT Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for an Order to vacate judgment in the above captioned matter and in support thereof avers the following: 1. Judgment was entered in favor of Plaintiff in this mortgage foreclosure on February 3, 2000 in the amount of $63,908.28. 2. Due to reinstatement of Defendant's account, Plaintiff petitions the Court to vacate the judgment in the instant matter. `jY? 3. Plaintiff petitions the Court to vacate the judgment described above without prejudice. WHEREFORE, Plaintiff respectfully requests that the judgment be vacated without prejudice. FEDERMAN AND PHELAN Frank Federman, Esq. Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12218 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS (f/k/a America's Wholesale Lender) Plaintiff ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION VS. NO. 99-7665-Civil PAUL ROMANO, JR. Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Plaintiff petitions this Honorable Court for an order to vacate judgment entered on February 3, 2000. Plaintiff desires to vacate the judgment entered due to the reinstatement of Defendant's account. The instant request for relief is, therefore, brought before the judge of motion court for disposition. Accordingly, Plaintiff respectfully requests an Order vacating judgment without prejudice. Respectfully submitted, FEDERMAN AND PHELAN By: Frank Federman, Esq. Attorney for Plaintiff VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in the instant action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Vacate Judgment are true and correct to the best of his knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. C.S. § 9909 relating to unsworn falsification to authorities. Date: Z lc 00 Frank Federman, Esq. Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12298 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS (f/k/a America's Wholesale Lender) Plaintiff Vs. PAUL ROMANO, JR. Defendant (s) ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 99-7665-Civil CERTIFICATION OF SERVICE Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in this action and that a true and correct copy of the within pleading was sent to the following interested parties on the date indicated below by first class mail, postage prepaid: Paul Romano, Jr. 329 North Street Boiling Springs, PA 17007 Date: Frank Federman, Esq. Attorney for Plaintiff