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HomeMy WebLinkAbout14-0813 Supreme Court�of Pennsylvania Courkb Comm Pleas For Prothonotary Use Only: CXV>!l; Cove B eet CUMBC AS i -'r ' Coun Docket No: ? The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other a ers as requiredby law or rules o court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: CITIMORTGAGE, INC. Lead Defendant's Name: RICHARD J. NAZAY, JR A /K/A T RICHARD J. NAZAY I Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal.: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations Z Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 04 tIIERLAN PEN piSYLVA CO ' U NTY N PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS OTALLON, MO 63368 CIVIL DIVISION Plaintiff V. TERM RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY NO. 24 COLD SPRINGS ROAD CARLISLE, PA 17015 -7600 CUMBERLAND COUNTY RUTH C. NAZAY 24 COLD SPRINGS ROAD CARLISLE, PA 17015 -7600 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 939897 C 3� aa9 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD J. NAZAY, JR A/KJA RICHARD J. NAZAY 24 COLD SPRINGS ROAD CARLISLE, PA 17015 -7600 RUTH C. NAZAY 24 COLD SPRINGS ROAD CARLISLE, PA 17015 -7600 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/23/2003 RICHARD J. NAZAY, JR and RUTH C. NAZAY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1815, Page 2156. By Assignment of Mortgage recorded 11/19/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201337166.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4, The premises subject to said mortgage is described as attached. Fite t 939897 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2013 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. 6. The following amounts are due on the mortgage as of 01/06/2014: Principal Balance $141,364.32 Interest 08/01/2013 through 01/06/2014 $3,194.02 Accumulated Late Charge Balance $0.00 Less Escrow Balance 888.62 TOTAL $143,864.08 7.1 Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Fife #: 939897 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $143,864.08, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Kro , Esq., Id. No.312244 Attorney forfPlaintiff File #: 939897 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western dedicated right of way line of Cold Spring Road (T -356) at the dividing line between lots 14 and 5 on the hereinafter mentioned subdivision plan; thence along said dividing line by a curve to the right with a radius of 23 1.3 5 feet an arc distance of 120.91 feet; thence along same South 76 degrees 49 minutes 30 seconds West 543.14 feet to a point; thence along same North 16 degrees. 40 minutes 25 seconds West 37.90 feet to a point; thence along lands now or formerly of Lester Eser North 16 degrees 40 minutes 25 seconds West 335.47 feet to a point; thence along the dividing line between Lots 5 and 7 on said plan North 77 degrees 41 minutes 20 seconds East 352.11 feet to a point; thence along the dividing line between Lots 5 and 6 on said plan South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point; thence along same North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point; thence along the western dedicated right of way line of Cold Spring Road by a curve to the left with a radius of 395.00 an arc distance of 150.00 feet to a point, the Place of BEGINNING. CONTAINING 3.827 acres, exclusive of the dedicated right -of -way of Cold Spring Road as described on the hereinabove mentioned subdivision plan. BEING further described as Lot No. 5 of the Final Plan of Major Subdivision for Cold Springs Meadows prepared by Rodney Lee Decker, R.S. dated June 5, 1989 and recorded in Cumberland County Plan Book 59, Page 128. File fit: 939897 BEING THE SAME PREMISES which Steven J. Harman, by his Deed dated March 6, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 173, page 422, granted and conveyed unto Richard J. Nazay and Ruth C. Nazay, husband and wife, Grantors herein. PROPERTY ADDRESS: 24 COLD SPRINGS ROAD, CARLISLE, PA 17015 -7600 PARCEL #08 -12- 0338 -083 File #: 939897 VERIFICATION Heather Minear, hereby states that she is Vice President - Document Control of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT: By: _ Print: Title : * esidolt n )Yn employed by CitiMortgagle, Inc. Plaintiff: &VI Date: File #: 939897 Name: NAZAY Attorney File No.: 939897 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 this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE. TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 939897 FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY ` RUTH C. NAZAY Defendant(s) i I ' U Civil rri - n -' NOTICE OF RESIDENTIAL MORTGAGE FORECLQSUfE c.,; DIVERSION PROGRAM :r_ CD You have been served with a foreclosure complaint that could cause you to lose your home. Y If you own and live in the residential property which is the subject of this foreclosure action, yoavna} -lie alk to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Cout within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangenents with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial woksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation onference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorc cje Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson w, - i 0. Sheriff Jody S Smith ''°� t iarai��f4rfi/ HE i iC i i1 � Chief Deputy - 2n1 if FEB 28 Pti 3: d Richard W Stewart Solicitor ,r. . r ;:� � PENNSYLVANIA Citimortgage Inc. vs. Case Number Richard J Nazay(et al.) 2014-813 SHERIFF'S RETURN OF SERVICE 02/19/2014 11:52 AM- Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to :e the D: - •ant, to wit: Richard J Nazay at Manor Care, 940 Walnut Bottom Road, South Middl=ill p - isle, PA 17015. As per defendant the residence at 24 Cold Springs Road, Carlisle, PA 1701 - :c: ! SH' HAR'i N, DEP TY 02/21/2014 08:09 PM- Deputy Shawn Harrison, being duly sworn according to law, served the re. -sted Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in M. •age Fo -closure by "personally" handing a true copy to a person representing themselves to •- - D: end,nt, to wit: Ruth C Nazay at 33 Country View Est, Upper Frankford, Newville, PA 17241. lir SH' N HARRI •', . i Y SHERIFF COST: $71.58 SO ANSWERS, February 25, 2014 RONIR ANDERSON, SHERIFF PHELAN HALLINAN, LLP Emily M. Phelan. Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. VS. RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY RUTH C. NAZAY )1. 11TE PRO T A Attorney for Plaintiff 20iii APR 21 A11101 I 8 CUMBERLAND COUNT FINNS YL VA Ni A : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-813 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY and RUTH C. NAZAY, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $143,864.08 $143,864.08 I hereby certify that (1) the Defendants' last known addresses are 940 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-6926, 24 COLD SPRINGS ROAD, CARLISLE, PA 17015-7600, and 33 COUNTRY VIEW ESTATE, NEWVILLE, P1 41, and hat notice has been given 'n accorda ce with Rule Pa.R.C.P 237.1. Date DAMAGES ARE HEREBY ASSESSED AS INDICATED... 4,D tt'k DATE: (.4 PH 8 939897 PROTHONOTARY aI 939 gPI C112?/c7 _47436 LIU LP PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215 -563 -7000 Attorney for Plaintiff CITIMORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY : No. 14 -813 CIVIL RUTH C. NAZAY AFFIDAVIT OF NON - MILITARY SERVICE The undersigned attorney hereby verifies that he /she is the attorney for the Plaintiff in the above - captioned matter, and that on information and belief, he /she has knowledge of the following facts, to wit: (a) that the defendants RICHARD J. NAZAY, JR A /K/A RICHARD J. NAZAY and RUTH C. NAZAY are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY is over 18 years of age and the last known addresses of the defendant are 940 WALNUT BOTTOM ROAD, CARLISLE, PA 17015 -6926 and 24 COLD SPRINGS ROAD, CARLISLE, PA 17015- 7600. (c) that defendant RUTH C. NAZAY is over 18 years of age and the last known addresses of the defendant are 33 COUNTRY VIEW ESTATE, NEWVILLE, PA 17241 and 24 COLD SPRINGS ROAD, CARLISLE, PA 17015 -7600. This statement is made subject to the pena ties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phel " allinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 939897 Department of Defense Manpower Data Center Results as of : Apr-17-2014 12:06:24 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: NAZAy First Name: RUTH Middle Name: C Active Duty Status As Of: Apr-17-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA , NA No NA This response reflects the individuals active duty status based on the Active Duty Status Date - Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA . • NA No NA This re posse reflects where the individual lefl active duty status within 367 days preceding the Active Duty Status Date The Member or His/Ner Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA • No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yA Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Apr -17 -2014 12:06:17 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil. Relief Act. Last Name: NAZAY First Name: RICHARD Middle Name: J Active Duty Status As Of: Apr -17 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No " NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Stud Date Active Duty End Date Status Service Component NA - NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His /Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early -notification fo report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status dale as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Apr-17-2014 12:53:32 AM SCRA 3.0 Status Report Pursuant to Service meI Civil. ReIiefAct. Last Name: NAZAY First Name: RICHARD Middle Name: J Active Duty Status As Of: Apr -17 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA Ni, ' NA This response reflects the individuals' active duty, status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . -No NA This response reflects where the individual left active' duty status within 367 days preceding the Active Duty Status Date The Member or His /Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his /her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY : CIVIL DIVISION RUTH C. NAZAY : No. 14-813 CIVIL against you on Notice is given that a Judgment in the above captioned matter has been entered qz If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 939897 CITIMORTGAGE, INC. Plaintiff V. RICHARD J. NAZAY, JR A/K/A RICHARD J., NAZAY RUTH C. NAZAY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-813 CIVIL CUMBERLAND COUNTY Defendant(s) TO: RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY 940 WALNUT BOTTOM ROAD CARLISLE, PA 17015-6926 DATE OF NOTICE: ... g y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 PAPER 'FO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939897 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7)7) 249-3166 Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan H.allinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CITIMORTGAGE. INC. Plaintiff RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY RUTH C. NAZAY Defendant(s) TO: RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY 24 COLD SPRINGS ROAD CARLISLE, PA 17015-7600 DATE OF NOTICE: Li qfiy COURT OF COMMON PLEAS CIVIL DIVISION NO, 14-813 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939897 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Jona Lobh, s )., Id. No.3 12174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CITIMORTGAGE, INC, Plaintiff V. RICHARD I. NAZAY, JR A/K/A RICHARD I. NAZAY RUTH C. NAZAY Defendant(s) TO: RUTH C. NAZAY 33 COUNTRY VIEW ESTATE NEWVILLE, PA 17241 COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-813 CIVIL CUMBERLAND COUNTY DATE OF NOTICE: q It( ft y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, .IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939897 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ,r( .1 an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CITIMORTGAGE, INC. Plaintiff V. RICHARD J. NAZAY, JR A/K/A RICHARD J. NAZAY RUTH C. NAZAY Defendant(s) TO: RUTH C. NAZAY 24 COLD SPRINGS ROAD CARLISLE, PA 17015-7600 DATE OF NOTICE: (1 COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-813 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR AI TEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By P1-I# 939897 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Joi Ian Lobb.; Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103