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HomeMy WebLinkAbout01-0184COLUMBIA NATIONAL, INCORPORATED Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - LAW DOUGLAS G. ROMANO Defendant ACTION OF MORTGAGE FORECLOSURE THIS FIRNI 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, lfyou 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 importmtt 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 AVISO 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 AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O 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 PARTICIPACION. 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 IMMEDIATEAMENTE. 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 COLUMBIA NATIONAL, INCORPORATED, Plaintiff VS. DOUGLASG. ROMANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE 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 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, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED, Plaintiff VS. DOUGLAS G. ROMANO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE ~Z~.Ol-/£~' ~_~5;~ 7-z,-,~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Corporation, with an address of 7142 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. On or about, August 21, 1996 the said Defendant executed and delivered a Mortgage Note in the sum of $ I 14,600.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". 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. 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 mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $109,965.20 Interest at $24.47 per day From 07/01/2000 To 02/01/2001 ( based on contract rate of 8.125%) $5,261.05 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.. WHEREFORE, Plaimiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total mount 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 Sa~ foreclosure and sale of the property within described. ~~ By:~.~~PURCEL~L, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 03105841 Multistate ADJUSTABLE RATE NOTE 441-5254182 August 21, 1996 [Date] 1339 Horick Dr. Boiling Springs, PA 17007 [P~ Addmss] 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. $ 114,60 o. 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 accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay:is secured by a mortgage, deed of trnst or similar security instrument that is dated the same date aa 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. MAthqNER 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 i , 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.' 6) Place Paymant 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. 8. 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. 01) The Index Beginning with the first Change Date, the interest rate will be based on an Index. 'Index" means the weekly average yield on Uulted States Treasury Securities adjusted to a constant maturity of one year, aa 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 8199722 v590 08/19/96 16: 11:14 03105841 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) Culculation of Inter~t 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 poim (0.125%). Subject to the limits stated in Paragraph 5CD) of this Note, this rounded amount will be the new interest rate until the next Change Date. CD) 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 percentage 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 prihcipal 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. (FI 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, 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 calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment ia 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 this Note is otherwise assigned before the demand for return is made. 6. 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 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 extent'required 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 exemise this option without waiving its rights in the event of any subsequent v590 08/19/96 16:11:14 03105841 , 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 Coots 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" meam 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 alhounts 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 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 THIS 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.obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note agaln~t each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. ,~IONING BELOW, Bofg-ower accll(Pts and 3~rees to the terms and covenants contained hi this Note. -Borrower (Seal) -]~0rrower (Seal) (Seal) (Seal) -Borrower (Seal) -Bon'ower (Seal) -Bortowgr -890 Pegs 3 of 3 V590 08/19/96 16: 11: 15 03105841 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~t~d october 9, 1968 and recorded in the Recorder's Offfice in and for ~umberla~dICounty in Plan Book 20, page 40, bounded and described as ~-ol,lows~7 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. UNDER AND SUBJECT to the building lines, covenants, restrictions and reservations as recorded with said Plan of Lots; and subject further to the right of the Owner of Lot No. 18 of said Plan of Lots to maintain, repair and replace as necessary the water main crossing the Northwestern corner of Lot No. 17, as presently installed and used. EXCEPTING AND RESERVING unto the Penn Products Corporation, its successors and assigns, all minerals, clay and sand beneath the surface of the ground. BEING the same premises ~hich Loretta G. Bennett, by deed dated August ~/ , 1996 and recorded i==edJate]y prJor hereto, granted and conveyed unto Douglas G. Romano, MORTGAGOR HEREIN. 483 CLTIC Form E80 Page 1 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED VERIFICATION I verify that the statemems made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated amm~ 8, 2001 DEC ~2 ~000 '717 234 1208 TOTAL P.O? PAGE.O? COLUMBIA NATIONAL, INCORPOP, ATED Plaimiff VS. DOUGLAS G. ROMAN() Del~ndant IN IHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI,VANIA CIVIl, ACTION - lAW ACTION OF MOR'IGAGE FORI~;CI NO. 0t-I84 CIVIL PRACEIPE TO SETTLE & DISCONTINUE TO THE PROTHONOTARY: Kindly settle and discontinue, without prejudice, the above case. DATE: January 16, 2001 PURCELL, KRI G & ItALLER I. ~oa-P.' Hailer ] 719 North Front Street ltarrisburg, Pa. 17102 Attorncy for Plaintiff Attorney ID// 15700 SHERIFF'S CASE NO: 2001-00184 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS ROMANO DOUGLAS G RETURN - NOT SERVED R. Thomas Kline according to law, says, that the within named DEFENDANT ROMANO DOUGLAS G unable to locate Him COMPLAINT - MORT FORE NOTICE , Sheriff , he made a diligent , to wit: in his bailiwick. He the within named DEFENDANT , ROMANO DOUGLAS G who being duly sworn search and inquiry for but was therefore returns the NOT SERVED , as to RETURN NOT SERVED AS OFFICE 1/16/0i. PER TRACEY AT LEON HALLER'S Sheriff's Costs: Docketing 18.00 Service 3.72 NOT SERVED RETURN 5.00 Surcharge 10.00 .00 36.72 SHERIFF OF CUMBERLAND COUNTY PURCELL, KRUG & HALLER O1/lS/200i Sworn and subscribed to before me this ~ day of W~ ~ ~ A.D. PretMonotary COLUMBIA NATIONAL, INCORPORATED Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DOUGLAS G. ROMANO Defendant ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR-AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INEORMATION 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 afl:er 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. ~UMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 AVISO 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 AVISO. PARA DEFENDERSE ES NECESSAR/O QUE USTED, O 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: S1 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTIC1PACION. 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 IMMEDIATEAMENTE. Sl 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 TRUE COPY FROM RECORD In Testy wll , I COLUMBIA NATIONAL, INCORPORATED, Plaintiff VS. DOUGLAS G. ROMANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PRO~VIDED 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 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 m~dersigned 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 san~e 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 I.D.# 15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED, Plaintiff VS. DOUGLAS G. ROMANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Corporation, with an address of 7142 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". 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. 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: UNPAID PRINCIPAL BALANCE Interest at $24.47 per day From 07/01/2000 To 02/01/2001 ( based on contract rate of 8.125%) Accumulated Late Charges Late Charges at $41.77 Per month for 7 months Escrow Deficit Attorney's Fee at 5% of Principal Balance $109,965.20 $5,261.05 $345.39 $292.39 $137.17 $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 ora 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.. WHEREFORE, Plaintiff demands judgmem 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 Sale-anarfor foreclosure and sale of the property within described. - ~"~;~ ~ ~" '~ PURCELL', KRUG & HALLER Leon P. Halter, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Ha~isburg, PA 17102 (717-234-4178) 0310584.1 Multistate FHA Case No. ADJUSTABLE RATE NOTE 441-5254 82 August 21, 1996 ~at~l 1339 Horick Dr. Boiling Springs, PA 17007 [PmpertyAdd~s~ 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 receiwd from Lender, Borrower promises to pay the principal sum of One Hundred Fourteen Thousand Six Hundred and 00/100 Dollars (U.S. $ 114,60 o. 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 accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY sEcURED Borrower's promise to payis 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 begiuning on October I , 1996 . Any principal and interest remaining on the fa-st 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, bid 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 MONTm ,Y PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of January i , 1998 , and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Begjnnin5 with thc first Change 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. "Cuixent Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as (~o-590 (gsou VMP MORTOAO~ FORMS- (800)521-7291 8199722 v~q~ 0~/19/96 16:11:14 03105841 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-flail percentage point(s) ( 2.5OO %) 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 Paymen~ Change If the interest rate changes on a Change Date, Lender will calenlate 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. Thc notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of thc notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new imcrest rate, (v) the new monthly payment amount, (vi) the Currant Index and the date it was published, (vii) the method of calculating the change in monthly payment amunm, 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 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 bean 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 a~ 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 this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in par~, 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 extent'required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, them will be no changes in the due date or in the amount of the monthly paymem 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 ( 4.0 0 0 %) of the overdue amount of each payment. 01) 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 remniqing due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent 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 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 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 THIS 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'.obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this No~e.  /~~ IGNING BELOW, Bo)~tower acct~ts and)t~rees to the terms and covenants contained in this Note. 'D'ougl a~. Romano -Borrower ' x./ ' (Seal) -Borrower (Seal) *Borrower (Seal) (Seal) (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 3 of 3 v~gO 08/19/96 16: 11: 15 03105841 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~d Octob~r 9, 1968 and recorded in the Recorder's Offfice in and for ~u~erla~dICounty in Plan Book 20, page 40, bounded and described as 3f-6!wt-~ws~-~- 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 de~rees 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. UNDER AND SUBJECT to the building lines, covenants, restrictions and reservations as recorded with said Plan of Lots; and subject further to the right of the Owner of Lot No. 18 of said Plan of Lots to maintain, repair and replace as necessary the water main crossing the Northwestern corner of Lot No. 17, as presently installed .and used. EXCEPTING AND RESERVING unto the Penn Products Corporation, its successors and assigns, all minerals, clay and sand beneath the surface of the ground. BEING the same premises which Loretta G. Bennett, by deed dated August ~/ , 1996 and recorded 1.~edJate]y prior hereto, granted and conveyed unto Douglas G. Romano, HORTGAGORHERE~N. 483 CLTIC Form E80 Page 1 22:50 ~URCELL,KRUG,HALLER ?&? 234 2206 COMPANY NAME: COLUMBIA NATIONAL, 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 unswom falsification to authorities. Dated ~ 8, 2~1 DEC 22 2000 10:53 ?i? 234 i20~ TOTAL P.O? PAGE. B?