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Home My WebLink About06-4297 UDRKmTDKNE.FFmREB~~IFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com U.S. Bank National Association as COURT OF COMMON PLEAS Trustee under the pooling and CIVIL DIVISION Servicing agreement dated as of March 1, 2002, Morgan Stanley Cumberland County Dean Witter Capital 1 Inc. Trust 2002-NC1 4828 LoOp Central Drive Houston, TX 77081 Plaintiff v. Paul Romano, Jr. Sheri L. Romano (Mortgagor) 324 North Street Boiling Springs, PA .17007 Defendan1).(s) . COMPLAINT IN MORTGAGE NO. CJ t . Lf:l.? 7 (A;;:J T7- FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AV1SO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO o S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: New Century Mortgage Corporation Assignments of Record to: U. S. Bank National Association as Trustee under the Pooling and Servicing agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital 1 Inc. Trust 2002-NC1 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 324 North MUNICIPALITY/TOWNSHIP/BOROUGH: COUNTY: Cumberland DATE EXECUTED: 12/06/01 DATE RECORDED: 12/13/01 BOOK: Street Monroe Township 1742 PAGE: 1638 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. S. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 7/26/06: Principal of debt due Unpaid Interest at 10.5% * from 2/1/06 to 7/26/06 (the per diem interest accruing on this debt is $21.86 and that sum should be added each day after 7/26/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) Late Charges (monthly late charge of $38.77 should be added in accordance with the terms of the note each month after 7/26/06) Inspections Late Charge Credit Attorneys Fees (anticipated to 5% of principal) $75,978.47 4,098.41 325.00 280.00 3,186.86 193.85 186.50 (77.54) and actual TOTAL 3.798.92 $87,970.47 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee 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 in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $87,970.47 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. ~ Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 , LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WIm THE IMPROVEMENTS THEREON ERECTED SliJ'UATE IN MONROE TOWNSmP, CUMBERLAND COUNTY, PENNSYL VANIA, IN ACCORDANCE WIm 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 84.40 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 MINUTES 39 SECONDS WEST 167.76 FEET TO A CORNER OF CONCRETE CURBING; THENCE ALONG LANDS OF DAVID J. MILLER, NORTH 74 DEGREES 02 MINUTES 45 SECONDS EAST 114.75 FEET TO CORNER OF CONCRETE CURBING; THENCE ALONG INTERSECTION OF WEST STREET AND CONTINUING ALONG NORm STREET, SOUTH 17 DEGREES 10 MINUTES 28 SECONDS EAST 209.02 FEET TO A POINT IN CONCRETE CURBING, THE PLACE OF BEGINNING. CONTAINING 23.423 SQUARE FEET, HAVING THEREON ERECTED 2-TWO STORY FRAME DWELLINGS. I ,r:;. 1 .' ,\ \1, . July 6, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thi~ i~ An nm,.ial nnfi('lI! .h.1t thp mnrtfSllV on yonr horn,. i~ in dpfJlldtr Anti thp Ipntlpr intpntl~ to f'OrPrllWp Spp.rif'ir information Ahnll' thp nRtllrP of thp dpfsllllt i~ prnvitlNl in thp sdtJll"hPrl pA~ Thp HOMROWNERCS MORTf:.A.f:.R ASST~TANrR PROc::."RAM (HRMAP) may hp ahlp to hplp In ~Avfl.ynnr horn,. Thi~ Noti,-,. p1Q)IAin~ how thp prflgrJlm wnrk~ Tn ~ if HEM A P l"Jln hp1pr yon mn~t MRRT WITH A rONSTTMER t:RRnTT rOTTNSRT .TNf:. Af.:.RNl:V WTTmN:\O nA VS OF TRR nA TIt O'F Tms NOTTt:R Talc,. thi~ Nntirp with yon whpn yon mppt with thp l:onn.linr Agrnl"Y Thp DJlmp, AlltlrH.~ Rnll phon,. nllmhPr of rnnminr\pr t:rMif l:nunQPlinr Agpnl"iH QPrvinr yonr rnunt,y Ana 1i~tM SIt thp poll of fhi~ NntiRlo. l' YOll hay,. AllY qJlf1ldinn~ yon may rail. thp ppnn~IVAniJl Rnll~inf FinAn('p Agrn~ toll frPP At l.J100.:U2.2~Q7 fPpnnn~ with i.......pAirPII hp.Aring- r.An rAn ~717) 7KO-l R69). This Notice contains important legal information. H you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONAOO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMAOO DHOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU mPOTECA. , EXHIBIT A Page 1 of 1 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Paul Romano Jr. Sheri L. Romano 324 North Street _.Boiling Sp'rin~s P A 17007 13339098 JSew C~ntury M.!!tl&aa:e COQ)Or3j:ion .JLH~.!!IIk Natio!t~ ~i!ltiog____________ HOMEOWNER'S NAME(S): PROPERTY ADDRESS: HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOlT M A V RR RT ,1~mT ,E' FOR FIN A Nt:T A', A~~TST A NCE WIDCR l:A N ~A VR YOTTR HOME 'FROM lfORRCT ,O~'T1lR A NIl HRI.P VOlT MA Kif. 'FTTTITRF. MORTc:.A~R PA VMENT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERDs EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTD), YOU MAY BE ELlGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELlGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TF,MPOR A RY STAY OF FORRC'T ,OSTJRF, .. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice, TRTS MRRTING MTTST OC'C'TJR WTTmN TIfF, NRXT (;vi) nAYS IF VOlT DO NOT APPT V FOR FMFRGRN('V MORTGAGF A!'\!'\T!'\TAN(,F VOlT MTT!'\T RRTNG VOlTR MORTGAGF TTP TO DATF TAR PART OF THY!'\ NOTT('F ('AT T ED DHOW TO (,TTRF VOlTR MORTGAGF DFFATTT TO FXPT ATN!'\ HOW TO RRTNG VOlTR MORTGAGF TTP TO DATF, C'ONSTTMRR ('RRnrr C'OTTNSRT JNG AGRNC'TF.~ .. If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, Th" nl'lm". ~rlrlre..". ~nrl t"lpphnn" nnmh"", of nP:!i:;gJ1~tPil (':nn~l1mp:r l"TP:(l1t r.()lln~p:Hng :lgp:nr.lp.~ for thp: r:nnnty in whir.h thp. prllpP.rty i~ lnc.~tpr1 ~r" ."t fnrth ~t th" "nn nf thi. Nntk". It is only necessary to schedule one face-to-face meeting. Advise your lender ;mmp.c1i~t"ly of your intentions. APPUC' A TTON FOR MORTGAGR ASSTSTANC'R -. Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and fIle a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be fIled or postmarked within thirty (30) days of your Page2of2 face- to-face meeting. . YOU MT1ST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTII IN TIllS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. M~RNCV ACTION .. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TIlE DEBT. (H you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO C:lTRR VOlTR MORTGAGR nRFATTT.T eRring it np to dHh'). NATITRF. OF TAR. DRFATlT.T -- The MORTGAGE debt held by the above lender on your property located at: 324 North Street Boiling Springs PA 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MonthlJ' Payments !If $775.40 for March 1....2006 thru .July 1.2006 = $3877.00 . _Monthly Late Chm:&,es of $38.77 (or March 1.2006 thru...June \...2006 = $155.~______._._ Other charges (explainlitemize): .~mw Advance Fee=$884.70 TOTAL AMOUNT PAST DUE: !l;4916.711. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (00 not"." if not HwlirHhl,,): .ISLA HOW TO nTRR THR DRF A m.T .. You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS !l;4916 711 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P~ymp.nt~ mm:.t hp. m~np p;thP.T hy r.::I~h r.::."hip:r'" r:hpr:k- r':prtifipA r.hp.rl- or mnnpy nrnPT ml'lnp p::ty::thlp. ~nn ~nt to' IlrlrPn T .SlW Offil"p.~r P.r:. W nndrrHt f:nq>nr9tp. f:pntpr 111 Wnndr~t RnArlr Snit... 280 Chen:}' Hill NT 111100'\.:'\6211 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (no no' 11<" if not HwlirHhl" ): .ISLA Page 3 of3 IF von no NOT ClJRF TIm nRF A lIT .T -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, thp. lp.ntlpr intpntl~ in PYP.rM~P. it/;;: rieJ'It~ tn Acol"fl!lPNlf,. thp. mn~gp tlp.ht This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within TIllRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to fnrPC"l~ npnn yonr mnrt~Hgrd propprQr IF TIm MORTGAGF IS FORRCl.OSRn IIPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOII f"urp thP. IIpfsmlt within thp THIRTY (~) nA. V &)PriM yon will not hP rP(JlIirPrl to })9Y Jllttnrn~y'~ fee.c;: OTImR I.RNTlRR RF.MRnIF." -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO ClJRF TIm. nRFAIrr,T PRIOR TO SHF.RTFF'S SAI.R --If you have not cured the default within the TIllRTY (30) DAY period and foreclosure proceedings have begun, yon .till h.vp ,hp rigJ1t '0 ~nre thf': np.f::m1t ::Inn preVfmf thp. ~::Ilp::lt ::In}' tiTT'IP.llp to nnp: honr hp.foTf': thf"; ~hp.riff'~ ~Alf': Yon mJ1Y no ~n hy pAying thp. tnt~l Amonnt thf':n pA~t chu'" pln~ Any lAtp; or nthp.T ~hA'Cgr~ thpn rluP. TP.A~nnAhlf': AttnrnF~}"~ fp.f':~ Ann r.n~t~ r.nnnf':r.tprl with thp fnTPr.1m:l1TP. ~::Ilf': ::mrl Any nthf':rr.m:t~ r.onnp.r.:ff".n with thp .'\.hp.riff'~ -"::IIp.::I1O: ~.rifipI1 in writing hy thp. Ip.nrlp.T ~mrl hy pp-rfnnning ::my nthp.T TP.q:J1iremP.nt~ nnrlp.T thp. mnrtgrtgt. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. RART.rnST POSSmT.R SHF.RTFF'S SAT.R nATR -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately (j months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIm T.RNTlRR. Name of LenderlServicer: Address: _ Litton L9an Servici!!l- P.O. Box 4528 -.Houston TX 77210 800.548-8665 ~L4. Customer Service Phone Number: Fax Number: Contact Person: RFFTWT OF SHRRTFF'S SA I ,F -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGR -- You may not transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. H you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. H you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. H you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the infonnation that is required and mail it to you. Once we have mailed to you the required infonnation, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any infonnation obtained will be used for that purpose. UDREN LAW OFFICES, P.C. ts/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669.5400 PageS of 5 VOllMAV AT.SOHAVRTHRRTC.wr, . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT. . TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INS1TIUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSTlMF.R CRRnTT COTTNSRT.TNC. AGRNCmS SRRVTNC. VOTTR COTTNTV r.llMRRRT ,A ND r.OllNTV CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 FAXn/a Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717)731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of6 ,Q ...[i. :0 .k, 8 c- .- :;:> .K) t ~ .....c.,>CIl ON::T' :=.:~(l) -' ..., ::l z-' !Cor CIl~:"" "0 ::T '" ..., ,~ 0 -. 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I Form 38110, June 2002 _J UII808J 6u1ll8W '1/ . :S8P!AII.ld 1I1W P81111J8:J V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Ud ,ESQUIRE UDREN LAW OFFICES, P.C. --- ;;;. ~ ~.." ~ -.") , --0 \: ,,~.. '~ " .-1 .- -,. " ~ ;;-1 -- '"' '-"'; e .." , " "" ...c. '.--j "'" 0', ~ -0 C><:) V:. ~ y\ (.1 ce .. . 'Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA u.s. Bank National Association as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital 1 Inc. Trust, Plaintiff Docket No. 06-4297 Civil Term v. Paul Romano, Jr. Sheri L. Romano (Mortgagor) 324 North Street Boiling Springs, PA 17007, Defendants PRAECIPE for ENTRY of APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of Sheri Romano, Defendant. Papers may be served at the address set forth below: Suzanne Spencer Abel, Esq. Attorney ID # 202443 22 East Street, #6 Mt. Holly Springs, P A 17065 (717) 829-3206 Date: - .. t ,. CERTIFICATE OF SERVICE I certify that concurrent with filing the foregoing Praecipe to Entry of Appearance, I am serving a copy of same by First Class Mail, addressed as follows: Udren Law Offices Mark Udren, Esq. Counsel for Plaintiffs Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003.3620 Paul Romano, Jr., Defendant 324 North Street Boiling Springs, P A 17007 Date: ~~ ~~ Suz e Spe er Abel 22 East Street, #6 Mt. Holly Springs, P A 17065 (717) 829-3206 spencecabeCesq@fastmail.fm. 2 ~ ""'," rt)C %':1, Z,C (P.' ...~':.: r;2C ~ '"E"-C;:' ;Cu yC ~ q. ~~ ~ ~~ ::t1\ <;t:a a'''O "'" - ~ ~ ~ ;g;1. ~ C> --0 :% ~ .. , 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital 1 Inc. Trust, Plaintiff Docket No. 06-4297 Civil Term v. Paul Romano, Jr. Sheri L. Romano (Mortgagor) 324 North Street Boiling Springs, P A 17007, Defendants DEFENDANTSHERIROMAN~S ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE 1. Denied. After reasonable investigation, Defendant Sheri Romano is without knowledge or information sufficient to form a belief as to the alleged identity of Plaintiff and the relationship, if any. with mortgagor, New Century Mortgage Corporation. Strict proof is demanded. 2. Denied. After reasonable investigation, Defendant Sheri Romano asserts she is not the real owner of the premises being foreclosed. Strict proof demanded. Denied. Strict proof is demanded. 3. Admitted. 4. Denied. After reasonable investigation, Defendant Sheri Romano is without knowledge or information sufficient to form a belief as to the truth ofthe averment. Strict proof is demanded. , L 5. Denied. After reasonable investigation, Defendant Sheri Romano is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded. 6. Denied. After reasonable investigation, Defendant Sheri Romano is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded. 7. Denied. After reasonable investigation, Defendant Sheri Romano is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded. 8. Denied. After reasonable investigation, Defendant Sheri Romano is without knowledge or information sufficient to form a belief as to the truth of the averment. To the contrary, Defendant Sheri Romano received neither the Act 91 Notice or the Act 6 Notice. Plaintiff failed to produce a dated, signed USPS Form 3811 establishing proper and timely notice. Strict proof is demanded. NEW MATTER 9. At the time Defendant Sheri Romano executed the mortgage sued upon by Plaintiff, both Defendant and Plaintiff believed the property being mortgaged was owned by Defendant Sheri Romano. Defendant Sheri Romano is not now, and never has been, a record owner on the deed of the subject property. , \ Date: Defendant Sheri Romano asserts as an affirmative defense that a unilateral material mistake occurred. Respectfully Submitted, Suzanne Spencer Abel, Esq., Counsel for Defendant Sheri Romano ~I (11Cif Su e Spencer Abel, Esq. Attorney ID # 202443 22 East Street, #6 Mt. Holly Springs, P A 17065 (717) 829.3206 . \ VERIFICATION I, Sheri Romano, verify that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such facts are true and correct, to the best of my knowledge, information. and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ?'J I, IOfP I I ~ ~o/I1U Sheri Romano, Defendant. . \ CERTIFICATE OF SERVICE I certify that concurrent with filing the foregoing Answer with New Matter, I am serving a copy of same by First Class Mail, addressed as follows: Udren Law Offices Mark Udren, Esq. Counsel for Plaintiffs Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Paul Romano, Jr., Defendant 324 North Street Boiling Springs, P A 17007 Date: ~ 11104 Su nne p ncer Abel 22 ast Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer_abel_esq@fastmail.fm g ~ Q. """ "" ~iIl s:: ~ ""OOl f'tH ~~ G} -om -/ --"-.,: :<J I:( 7(.-. -oJ SO (jJ .r.> ___..-.rt %"- -51) ~c- -0 (:, .-- --~r~ ::J' Z?n --' -Zj...!) 9. s:- j:;'c: .. ~ ~ - ;- \ II A44A.AAAAA~44LA~~AAAAALAAAA~AAAA&AAAAAAAA&AAAAAAAAAAaA.AAA4.AAAAAA__.A4AA~AA~AAA.~AAAAAA&AAAALA& U. S. BANK NATIONAL ASSOCIATION: AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH1,2002,MORGAN STANLEY DEAN WITTER CAPITAL 1 INC, TRUST 2002- NC1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff v PAUL ROMANO, JR SHERI L. ROMANO, Defendants NO. 06-4297 Civil Term ,................................................................................., 1. Admitted. 2. Denied. Defendant Sheri L. Romano is not the real owner of the property that is the subject of this action. Strict proof is demanded. 3. Admitted. 4. Denied. Defendant Paul Romano Jr. attempted to CUre any default, but was prevented by Plaintiff's agent Strict proof of any default is demanded. 5. Denied. Defendant Paul Romano has never refused to comply with the terms of the mortgage. Strict proof of the allegations in paragraph 5 is demanded, 6. Denied. Information is within the control of the Plaintiff and strict proof is demanded. . , II 7. Denied. The relevant calculations were made by the Plaintiff based on information within its control; therefore strict proof is demanded. 8. Denied. Defendant Paul Romano Jr. did not receive either Act 91 or Act 6 notice. The attachments in Exhibit A show at the most that an envelope for delivery of the notice was prepared. Strict proof of notice is demanded. In addition, the Act 91 notice that was allegedly sent includes a woefully outdated list of Consumer Credit Counseling Agencies. WHEREFORE, for all the above reasons, Defendant Paul Romano Jr. requests this Court to Dismiss the above-referenced Complaint in Mortgage Foreclosure. t'I2JA 5!- 1- ~! VJ() 6 ~~ i r , Esq~re Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 ~ I , II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer to Complaint in Mortgage Foreclosure upon Mark J. Udren, Esquire, and Suzanne Spencer Abel, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 29th day of August, 2006, from Carlisle, Pennsylvania, addressed as follows: Mark J. Udren, Esquire Udren Law Offices Woodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003 Suzanne Spencer Abel, Esquire 22 East Street Number 6 Mt. Holly Springs, PA 17065 TURO LAW OFFICES ~,'"~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 . (") "" = ~ c: = :;,?" "" o {.-: ".. s=! t1.}(; (:: n1pg ~:'. .' <..n -'.- N -om (j) C:JO -<: \..0 Oh ~': -0 ..::i,; .. , -. ,:~~~r~ ~E~ -" Orn ;;--= :r;! ~ -::- :iJ -+=" -< " ,. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS ROMANO PAUL JR ET AL SGT JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMANO SHERI L the DEFENDANT , at 1015:00 HOURS, on the 8th day of August , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SHERI L ROMANO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge 6.00 5.28 .00 10.00 .00 21. 28.1 '1 /)Sl()~ 9--- Subscibed to So Answers: f'~~ R. Thomas Kline 08/08/2006 UDREN LAW OFFICE Sworn and By: J c~ ~. :;11AJ /{ Dep ty Sheriff before me this day of A.D. . -" SHERIFF'S RETURN - REGULAR CASE NO: 2006-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS ROMANO PAUL JR ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROMANO PAUL JR the DEFENDANT , at 0824:00 HOURS, on the 4th day of August , 2006 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to PAUL ROMANO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 1::~~ r~"< ~ .00 f~ 10.00 R. Thomas Kline .00 32.40 ~ 08/08/2006 ~ l\\a6le(, UDREN LAW OFFICE Sworn and Subscibed to By: ~~V~ f Deputy Sheriff before me this day of A.D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National Association as Trustee under the Pooling and Servicing agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital 1 Inc. Trust 2002-NCl Plaintiff v. Paul Romano, Jr. Sheri L. Romano (Mortgagor) Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4297 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED:February 22, 2007 Mark dren, Esquire UDREN OFFICES, P.C. Attorney for Plaintiff r-> = = --' ::r. ;; 1 5: ~ ~ -,:n ('1r- -Qi(g -I) ;~ C~~.~ C25 ': rn ::5 ~.-\ J> ~ Q ., o Cf)