Exhibit 10 - Correspondence from Stradley Ronon - Their Retaliation and Retribution)
1. March 20, 2020 Len Fisher
2. April 8, 2020 Len Fisher
3. July 1, 2020 Len Fisher
4. July 21, 202 Len Fisher
5. September 4, 2020 Len Fisher
6. September 8, 2020 Len Fisher
7. September 24, 2020 Thomas Lucchesi
Original Title
Exhibit 10 - Zoccali Motion to Intervene 11.24.20 -2:20-cv-00864-CFK _ Eastern District of PA
Exhibit 10 - Correspondence from Stradley Ronon - Their Retaliation and Retribution)
1. March 20, 2020 Len Fisher
2. April 8, 2020 Len Fisher
3. July 1, 2020 Len Fisher
4. July 21, 202 Len Fisher
5. September 4, 2020 Len Fisher
6. September 8, 2020 Len Fisher
7. September 24, 2020 Thomas Lucchesi
Exhibit 10 - Correspondence from Stradley Ronon - Their Retaliation and Retribution)
1. March 20, 2020 Len Fisher
2. April 8, 2020 Len Fisher
3. July 1, 2020 Len Fisher
4. July 21, 202 Len Fisher
5. September 4, 2020 Len Fisher
6. September 8, 2020 Len Fisher
7. September 24, 2020 Thomas Lucchesi
EXHIBIT 10Stradley Ronon Stevens & Young, LLP
STRADLEY es
Washington, DC 20006-1871
#RONON vos
WY a Fax 202.822.0140
male
March 20, 2020
vi and Ce
Cynthia Zoceali
118 Meredith Drive
Spring City, PA 19475
Re: PHH Loan No.: 7140123683
Property Address: 118 Meredi Spring City, PA 19475
Dear Ms. Zoccali,
This firm represents PHH Mortgage Corporation (“PHH”) with regard to the above
referenced loan (“the Loan”). I write to address the concerns raised in your communications to
PHH via Facebook messages from March 2020. In your messages to PHH, you identify the
following concerns:
1. You claim that you're not delinquent on the loan and that you have made payments via
check but only one of those payments have been applied to your account;
2. You claim you are no longer in bankruptey;
3. You claim PHH has sent “incorrect & fraudulent statements” to you and your former
attorney, who does not represent you on this matter;
4, You claim that PHH has not been paying your real estate taxes;
5. You claim PHH failed to respond to your email correspondences; and
6. You claim you filed a complaint with the attomey general's office.
This letter confirms the receipt of your addressed concerns. Our firm will conduct an
investigation and provide a response in due course. Separately, to the extent these concerns echo
the prior disputes you have raised with PHH and were addressed through its counsel, Duane
Morris, in their leiters dated January 15, 2020 and February 27, 2020, I have attached those
correspondences for your reference.
In the interim, please forward to me any documentation that you may have in reference to
your raised concerns. For instanee, any documentation in support of your claim that you are not
Philadelphia, PA Harrisburg, PA * Malvern, PA + Cherry Hill, J + Wilmington, DE * Washington, DC + New York, NY + Chicago, IL
TT menstas Law Fins WoRLOWIDEdelinquent on your loan will aid our firm’s investigation. Please feel free to contact us if you have
any questions or concems.
Best regards,
Len Fisher
Encl.VY
#NewRez
JO PHH Mortgage Services
PO Box 5432
Mount Laurel Ni 08054
3/26/2020
CYNTHIA ZOCCALL
[MEREDITH DR 325
SPRING CITY, PA 19475-1253
Dear Cynthia Zoceali,
‘Account Number: 7140123683,
Property Address: 118 MEREDITH OR
SPRING CITY, PA 19475-1253,
‘customer(s): Cynthia Zoccalt
Robert Shapley
(case Number: 28856470
Regulatory Case ID: 200325-4866162
‘Thank you for the opportunity to asist with your request regarding the above-referenced mortgage account.
We will review the isues raised with the goal of providing a written response by 4/24/2020. If we are unable to fully
respond by this date and a 15-day extension is necessary, we will
For any questions | can be reached at 800-280-3863 ext. 66732.
notify you in advance.
Customer Service can be reached toll-free at 800-449-8767 for adaltional information regarding this mortgage account. We
are available Monday through Friday 8:00 am to 9:00 pm and Saturday 8:00 am to 5:00 pm ET. information about this
mortgage account may also be found online at mortgagequestions.com.
Sincerely,
cecilia Chettiar
Consumer Account Analyst
Office of the Consumer Ombudsman
NMS # 2726
‘This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that
‘purpose. However, ifthe debt isin active bankruptcy or has been
discharged through bankruptcy, this communication is
provided purely for informational purposes only wth regard to our secured lien on the above referenced property. It's not
Intended os on attempt to collect o debt from you personally.STRADLEY aim
Site 26
#RONON ee
Telephone 215.56 8000
Fax 215608120
Lon Alen Fisher
sherry com
2155648006
April 8, 2020
Via Overnight M:
Cynthia Zoccali
118 Meredith Drive
Spring City, PA 19475
Re:
CFPB Complaint No. 200325-4866163
PHH Loan No. 7140123683
118 Meredith Drive, Sprins PA 19475
Dear Ms. Zoccali
Please allow this letter to serve as a response to both your March 25, 2020 Consumer
Financial Protection Bureau complaint (“CFPB Complaint”) directed at PHH Mortgage
Corporation (“PHH") and your various disputes submitted on Facebook. As discussed in the
previous March 20, 2020 and March 26, 2020 correspondences, this firm has been retained by
PHH to investigate and respond to your disputes conceming your loan (the “Loan”) and loan
modification agreement (“Loan Modification”). We have completed our investigation and provide
the within response:
CFPB Complaint 1:
You first state that you experienced issues submitting your monthly payment in March
2020. Specifically, you provide that you attempted to make an online payment on March 13, 2020,
‘but believing the payment was not processed by the online payment system, you subsequently
mailed a check payment to PHH. You state that you later discovered the March 13, 2020 online
"By way of brief background on the Loan, you and your father, Robert Shapley. signed and exeeuted a mortgage and
rote secured by real property located at 118 Meredith Drive, Spring Hill, PA 19475 (the “Propenty”). The March 10.
2006 mortgage and note were recorded in the local land records. In August 22, 2016, you and your father signed and
‘executed the Loan Modification.
Phitadephia, PA» Harrisburg, PA Malvern, PA » Cherry + Washington, DC* New York, NY + Chicago, I
“Bi sacnrras caw fines woRLoWiDe
45186500.Cynthia Zoccali
April 8, 2020
Page 2
payment had been processed, and you “immediately stopped payment on the other check.” You
also claim that PHH is “harassing” you for the cancelled check.
Respons
PHL confirms that you submitted payment on March 13, 2020 via the online payment
portal in the amount of $1,702.00. Your March 13, 2020 payment was applied to the past due
balance on the Loan as addressed herein. PHH also confirms receipt of your mailed check on
March 18, 2020. However, PHH was notified on March 27, 2020 that the payment on the check
had been stopped by the sender, a fact you confirm in your complaint. You also state that you are
being “harassed” for stopping payment on the check mailed to PH, an allegation, which is not
supported by PHH’s servicing records. Please provide any and all documentation/evidence that
‘you have in support of this allegation and we can investigate this claim further.
CFPB Complaint 2:
‘You state that PHH “claim[s] [you are] behind on [your] payments despite repeated proof
and [PHH] still denfies] it.”
Response:
PHH and this firm conducted a thorough investigation into your claim and the accounting
of your Loan. PHH confirms that you are currently delinquent on your Loan and are currently due
on your February 1, 2020 payment. As a courtesy, I have provided a chart detailing the accounting
of your Loan from the date of the Loan Modification to the present, which is attached as Appendix
Ato this letter.
‘The attached detailed chart of your payments shows that after the Loan Modification was
implemented, your account was brought current as of November 8, 2016. Thereafter, you made
timely payments on your Joan until December 2017. While PHH received your payment on
December 18, 2017, that payment was returned to you because the received check was unable to
be processed and deposited. As PHH did not receive a replacement payment from you in December
2017, the payment due on December 1, 2017 remained outstanding, and you fell one payment
behind at the time. You subsequently failed to make any payments in June 2018 and fell two
payments behind.
On July 17, 2018, you made three payments — the first was applied to the payment due on
May 1, 2018, the second was applied to the payment due on June 1, 2018, and the third was applied
to the payment due on July 1, 2018. Accordingly, as of July 17, 2018, you were current on the
Loan Modification terms. However, you failed to make any payments in August 2018 and you
again fell one payment behind. You made monthly payments from September 2018 through March
2019, but again failed to make a payment in April 2019. Therefore, as of April 2019, you were two
payments behind (ie. for the missed payments in August 2018 and April 2019). You continued to
make monthly payments from May 2019 through March 2020 but remained two payments behind,
48186500.1Cynthia Zoceali
April 8, 2020
Page 3
‘Your most recent payment made on March 13, 2020 was applied to the payment due on
January 1, 2020. You are now past due for the February 1, 2020 and March 1, 2020 payments.* If
you contest that you did not miss your August 2018 and April 2019 payments, then please provide
any documentation/evidence you have in support of your claim and we will investigate further.
Otherwise, PHH confirms that your account is two payments behind and is currently due for the
February 1, 2020 and March 1, 2020 installments.
CEPB Complaint 3:
Your next complaint, which relates to your previous complaint, provides that “[PHH] [has]
ruined [your] credit by reporting late payments i (sic) was never late on because of their error.”
Response:
{As explained in detail in the above and in Appendix A. you failed to make payments in
‘August 2018 and March 2019. Therefore, as of the date of this letter, you are currently two
payments behind on your loan and PHH’s reporting of your loan is accurate.
CFPB Complaint 4:
You allege that “[PHH] also forged [your] father’s name on a mortgage document.”
Response:
Please specify and identify which “mortgage document” you are referring to so that PHH
‘can conduct a thorough investigation into the document. Please also provide what basis you have
in forming your allegation. You may be aware that your father, Robert Shapley, the co-borrower
on this loan, recently filed a Fair Credit Reporting Act lawsuit against PHH alleging that he never
ged and executed the Loan Modification for this loan. To the extent the Loan Modification was
forged, it may be deemed null and void thus reverting the Loan back to the origination terms,
Facebook Complaints:
‘Throughout March 2020, you messaged PHH and NewRez, LLC several times through
Facebook Messenger lodging complaints concerning your Loan. A copy of your Facebook
Messenger complaints is attached hereto as Appendix B. This firm responded to several of your
Facebook disputes on by letter dated March 26, 2020 which is attached as Appendix C. Your
Facebook complaints are now addressed in turn,
2 PH also has not yet received payment due on April 1, 2020. You have until April 15, 2020 to make your April
2020 payment before itis considered late
4518650V.1Cynthia Zoecali
April 8, 2020
Page 4
Facebook Complaint 1:
You claim that you are not behind on your payments.
Response:
[As detailed above, PHH’s records show that you previously missed payments due on
August 1, 2018 and March 1, 2019, and are currently due on your February 1, 2020 and March 1,
2020 payments. Please see Appendix A for a detailed chart outlining your payment history.
Response:
PHH acknowledges you are no longer in bankruptcy. PHH’s records indicate that you filed
for Chapter 13 bankruptey on or about May 17, 2016, and an order granting discharge was filed
by the court on of about September 5, 2019. Therefore, PHH’s records concerning your Chapter
13 bankruptey proceeding are accurate.
Facebook Complaint 3:
You claim that PHH sent “incorrect & fraudulent statements” to you and your former
attorney, who does not represent you in this matter.
Response:
PHL denies sending “incorrect & fraudulent statements” to you and your former attorneys.
Please specify which statements by PHH were allegedly incorrect and fraudulent. Separately. to
the extent you are represented by counsel for any of the within disputes, please forward the
attorney's contact information so that we may communicate with them directly.
Facebook Complaint 4:
You claim that PHH has not been paying your real estate taxes.
Response:
PHH's records indicate your real estate taxes have been paid and are current.
Facebook Complaint 5:
that PHH failed to respond to your email correspondences.
45186500.1Cynthia Zoceali
April 8, 2020
Page 5
Response:
PHH has attempted to respond to each and every one of your correspondences. For
instance, upon receiving your complaints about your account, PHH responded, through counsel,
‘on January 15, 2020 and February 27, 2020. You have also received correspondences from this
firm on behalf of PHH on March 20, 2020 and March 26, 2020. To ensure your correspondences
are addressed, please contact me directly with any further questions or concerns you may have.
Facebook Complaint 6:
You claim in general terms that you want details concerning the application of your
payments on your account.
Response:
As detailed above, a full breakdown of your payment history is pro
Facebook Complaint 7:
‘You claim you filed a complaint with the attorney general's office.
Response:
‘As PHH has yet to receive any correspondences or communications from the Pennsylvania
Attomey General’s Office, PHH cannot speak to this complaint
Facebook Complaint 8:
You claim your father is not on the mortgage,
Response:
Per PHH'’s records, on March 10, 2006, you and your father, Robert Shapley, signed and
executed a mortgage and note secured by real property located at 118 Meredith Drive, Spring Hill,
PA 19475. The March 10, 2006 mortgage and note were recorded jn the local land records. In
‘August 22. 2016, you and your father signed and executed the Loan Modification. Therefore, you
‘and your father are both currently on the Loan. However, even to the extent your father’s signature
‘on the Loan Modification is in dispute, he is still an obligor on the original note and mortgage.
Facebook Complaint 9:
‘You claim that you did not receive your Form 1098 from PHH.
Response:
45186500.1Cynthia Zoceali
April 8, 2020
Page 6
[As addressed in the March 26, 2020 letter, PHH mailed your Form 1098 to your listed
address on January 17, 2020. As a courtesy, PHH send an additional copy of your Form 1098 on
March 24, 2020. To the extent you would like to receive an electronic copy of this form please let
me know.
Facebook Complaint 1
You request that “you remove [your}self from the online payment system.”
Response:
‘As addressed in the March 26, 2020 letter, your web payment information was removed
from PHH’s online payment system on March 24, 2020,
For the reasons stated above, PHH has addressed and responded to each of your complaints
about your loan, and PHH does not believe that any further response to your CFPB Complaint is
required.
Best regards,
ma
om
Len Allen Fisher
Enclosures
ce: Consumer Financial Protection Bureau
451865001APPENDIX A
Date of Monthly Date of Payment | Received ‘Comments
Payment Due Received Amount
11/01/2016 11/08/2016 $1,666.58 [As part of your bankruptcy
proceeding, you entered into a
Joan modification on August 22,
2016. You made payments on
the loan modification that
brought your account current as
of November 2016.
1270172016, 1170872016 $1,672.08
1/01/2017, 11/27/2016 $1,644.29
2/01/2017 1/08/2017 $1,644.49)
3/01/2017 2/142017 $1,644.29
4/0/2017 3/20/2017 $1,644.29
5/01/2017 4/16/2017 $1,644.29
6/01/2017 5/29/2017 $1,645.00
7101/2017 (6/23/2017 $1,645.00
{8/01/2017 8/04/2017 $1,645.00
‘9/01/2017 9/05/2017 $1,646.00
10/01/2017 10/14/2017 $1,675.00
1170172017 11072017 $1,680.00
12/01/2017 10772018 $1,650.00 | We note that you attempted to
make payment on December 18,
2017, but because the check was
damaged and unable to be
deposited, the check was
returned to you on the same date.
After the finds were returned to
you, you failed to make a valid
payment in December 2017.
Your payment on January 7,
2018 was applied to the
December 2017 statement.
170172018, 2705/2018 ‘$1,680.00
2/01/2018. 3/08/2018. $1,692.00
3/01/2018 4/09/2018 $1,685.00
4/01/2018 5/06/2018 $1,685.00)
‘5/01/2018 TAT2O18 $955.38 [You failed to make any
payments in June 2018. Your
first July 17, 2018 payment was
applied to your May 2018
statement.6/01/2018 ‘07/17/2018 $1,693.31 | This second July 17, 2017
payment was applied to the June
2018 statement.
7701/2018 O77172018 $1,693.31 | This third July 17, 2018
payment was applied to the July
2018 statement. As of this date,
you were current on your
account,
8/01/2018 (0970572018 $1,692.00 | You failed to make any
payments in August 2018. Your
‘September 5, 2018 payment was
therefore applied to your August
2018 statement. You fell one
‘month behind on your payments
in August 2018.
970172018 1071472018 $1,693.00
10/01/2018 11/14/2018 $1,693.00,
11/01/2018 12/06/2018 $1,693.00
12/01/2018 1702/2019, ‘$1,700.00
1/01/2019, 2/13/2019. $1,705.00,
2/01/2019. 3/12/2019 $1,702.00)
3/01/2019. 5/07/2019. $1,710.00
4/01/2019. 6/12/2019 ‘$1,710.00
5/01/2019 722019 $1,710.00
6/01/2019) 8/14/2019 $1,702.00 | You made payment on August
14, 2019 in the amount of
$1,702.00, which was short of
the payment amount of
$1,702.84. Therefore, your June
2019 payment remained due.
‘971972019 $1,710.00 | This payment satisfied the
payment due on June 1, 2019.
770172019 1071472019 $1,710.00 | Your October 14, 2019 payment
‘was applied to the July 1, 2019
oe ie and August 1, 2019 statements.
‘970172019. 1172272019 $1,710.00
10/01/2019) 12/24/2019 $1,710.00,
1170172019) 1/08/2020 $1,710.00
12/01/2019 2/17/2020 $1,729.96
1/01/2020. 3/13/2020 $1,737.46
2/01/2020 Overdue ‘You are currently due on the
February 2020 payment.
370172020 Overdue
4701/2020 Due J